Proximate Causation

Question 1

What is the doctrine of PROXIMATE Causation?

Answer 1

A limitation of liability.

Question 2

What does the doctrine of PROXIMATE Causation deal with?

Answer 2

Liability or non liability for unforseeable consequences of ones act.

Question 3

What is the foreseeability test?

Answer 3

1) D is liable
2) For all harmful results that are normal incidents
3) and within increased risk caused by their negligent actions

Question 4

When should a party not be entitled to summary judgment?

Answer 4

When there is any issue of foreseeability for the jury.

Question 5

When does an intervening force mean liability for Def?

Answer 5

When their negligence caused a foreseeable reaction from an interfering force

OR

foreseeable risk that an intervening force would harm plaintiff.

Question 6

What are the types of intervening forces that ARE ALMOST ALWAYS FORSEEABLE?

Answer 6

1) Medical Malpractice
2) Negligence of Rescuers
3) Protection or reaction forces to D’s conduct (incl. efforts to protect person/property)
4) Disease or accident caused by original injury

Question 7

When will intervening forces that are not a natural response/reaction found FORSEEABLE?

Answer 7

IF

D’s negligence increased risk of harm.

Question 8

What are types of intervening forces that could be found FORSEEABLE?

Answer 8

Negligent acts of 3rd parties
2) crimes and intentional Torts of third persons
3) acts of god

Question 9

If a valet leaves a key in a car, and a thief steals the car, is the valet liable?

Answer 9

Potentially– thief’s conduct could be considered forseeable intervening force.

Question 10

What is a superseding force?

Answer 10

Forces that are unforseeable and break the causal connection between D’s initial negligence and plaintiff’s ultimate injury.

Question 11

What is an unforseeable result?

Answer 11

Results not within the increased risk created by D’s negligence.