Negligence - Proximate Cause Flashcards
Third Restatement of Torts: Limitations on Liability for Tortious Conduct (Proximate Cause)
An actor’s liability is limited to those harms that result from the risks that made the actor’s conduct tortious.
Notes:
-Plaintiff’s harm results from risks that made defendant’s conduct a breach in the first place
-Based on B < PL – FR (foreseeable risks)
-Defendant’s breach of a type that generally increases the risk of the type of harm plaintiff suffered
Third Restatement of Torts: Risk of Harm Not Generally Increased by Tortious Conduct (Proximate Cause)
An actor is not liable for harm when the tortious aspect of the actor’s conduct was of a type that does not generally increase the risk of that harm.
Notes:
-In order to recover damages in a negligence suit, a plaintiff must show both factual causation and “proximate cause” (legal cause)
-Proximate cause – stands for the idea that the plaintiff should not be able to recover if the plaintiff has not shown an appropriate relationship between the negligent act and the harm complained of, even if the defendant’s negligence has caused the plaintiff’s injuries
-Courts say that some injuries are too remote from the negligence in question to properly be charged
Remote v. Direct
Plaintiff’s harm a direct, not remote, result of defendant’s breach
Direct is proximate cause versus remote not a proximate cause
Foreseeability Rule
-Plaintiff’s harm a reasonably foreseeable result of defendant’s breach
-Whether the plaintiff’s contributory negligence was a proximate cause of his harm (plaintiff’s own breach)
Third Restatement of Torts: Preexisting Conditions and Unforeseeable Harm (Eggshell Plaintiff–Exceptions to Foreseeability)
When an actor’s tortious conduct causes harm to a person that, because of a preexisting physical or mental condition or other characteristics of the person, is of a greater magnitude or different type than might reasonably be expected, the actor is nevertheless subject to liability for all such harm to the person.
Notes:
-The preexisting-condition rule, which addresses the scope of liability when the extent of harm is unusual or greater than might be anticipated, must be distinguished from the requirement of factual cause, which limits an actor’s liability to the injuries caused by the tortious conduct. When a person has a preexisting condition or injury that has already caused or is causing harm of some degree, the actor is only liable for any enhancement of the harm caused by the tortious conduct.
-Even if the extent of harm is unforeseeable the plaintiff can still recover damages
-Plaintiff friendly exception
Yes, an exception
Third Restatement of Torts: Intervening Acts and Superseding Causes (Intervening Conduct–Exceptions to Foreseeability)
When a force of nature or an independent act is also a factual cause of harm, an actor’s liability is limited to those harms that result from the risks that made the actor’s conduct tortious.
Generally not an exception
Third Restatement of Torts: Enhanced Harm Due to Efforts to Render Medical or Other Aid (Subsequent Medical Treatment–Exceptions to Foreseeability)
An actor whose tortious conduct is a factual cause of harm to another is subject to liability for any enhanced harm the other suffers due to the efforts of third persons to render aid reasonably required by the other’s injury, so long as the enhanced harm arises from a risk that inheres in the effort to render aid.
Yes, an exception
Third Restatement of Torts: Rescuers
(Rescuer–Exceptions to Foreseeability)
Notwithstanding [ordinary proximate cause limits], the scope of the actor’s liability includes any harm to a person resulting from that person’s efforts to aid or to protect the imperiled person or property, so long as the harm arises from a risk that inheres in the effort to provide aid.
Yes, an exception
