Proximate Causation

Question 1

Proximate Cause - Overall

Answer 1

• limitation of liability -> deals with liability or nonliability for unforeseeable or unusual consequences of one’s act

Question 2

Proximate Causation - General Rule

Answer 2

• def generally liable for all harmful results that are the normal incidents of and within the increased risk caused by their negligent acts
• foreseeability test

Question 3

Foreseeable Intervening Forces

Answer 3

• def still liable when negligence cause a foreseeable reaction from an intervening force or created a foreseeable risk that an intervening force would harm pl

Question 4

List of Common Foreseeable Intervening Forces

Answer 4

Almost always foreseeable:
- medical malpractice
- negligence of rescuers
- protection or reaction forces to def’s conduct, including efforts to protect person or property
- disease or accident substantially caused by the original injury

Question 5

Potentially Intervening Forces

Answer 5

May be foreseeable IF def’s negligence increased risk of harm from these forces:
- negligent acts of third persons
- crimes + intentional torts of third persons
- acts of God

Question 6

Superseding Forces

Answer 6

• intervening forces that produce unforeseeable results (results those not w/in increased risk created by def’s negligence)
• break the causal connection between def’s negligent act + pl’s injury -> relieve def of liability
• ex: def negligently blocks off a road, forcing pl to take another road, + another driver negligently collides with pl on that road -> other driver = superseding force