Negligence: Proximate Cause Flashcards

1
Q

What is the general rule of proximate cause?

A

Defendant is liable for all harmful results that are normal incidents of, and within the increased risk caused by, his conduct

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2
Q

What is indirect cause?

A

Intervening force arises after D’s negligent conduct and combines with it to cause P’s injury

D liable IF D’s negligence:
* Created foreseeable risk that this intervening force would harm P
* Foreseeably increased risk that a third party would commit crime or intentional tort

If increased risk of crime was NOT foreseeable, then the crime/tort is a superseding force that cuts of D’s liability

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