Proximate Cause

Question 1

General Proximate Cause Rule

Answer 1

The defendant’s actions are the proximate cause of all harmful results that are the normal incidents of and within the increased risk caused by the defendant’s negligent actions. (meaning they are liable for all foreseeable harm)

Question 2

Common Foreseeable Intervening Forces

Answer 2

The defendant is the proximate cause when their negligence caused a foreseeable reaction from an intervening force or created a foreseeable risk that an intervening force would harm the plaintiff.

The following intervening forces are always foreseeable:
– medical malpractice
– negligence of rescuers
– protection or reaction to the defendant’s conduct, including protection of person or property
– disease or accident substantially caused by the original injury

Question 3

Intervening Forces Not the Natural Cause of Defendant’s Actions

Answer 3

these may be foreseeable if the defendant’s negligence increased the risk of harm from these forces.

these forces include
1) negligent acts of third persons
2) crimes and intentional torts of third persons
3) acts of god

EX - valet leaving the keys in the care may be liable for the theft of the car because it increased the risk of a foreseeable harm

Question 4

Superseding Forces

Answer 4

Intervening forces that product unforeseeable results (not within the increased risk created by the defendant’s negligence) are generally deemed unforeseeable and superseding

Superseding forced breach the chain of causation and relieves the defendant from liability.