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
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