Proximate Cause

Question 1

How is Proximate Cause measured/determined?

Answer 1

1. Scope of liability:

“How far does the defendant’s liability extend for consequences caused by his negligent acts?”

2. Foreseeability
3. Array of risks

Question 2

Foreseeability

Defendant liable IF the following were foreseeable:

Answer 2

1. Type of harm

2. Injured plaintiff was in group of people within risk of harm by D’s actions

Question 3

Foreseeability

Defendant liable EVEN IF the following were unforeseeable:

Answer 3

1. Mechanism of the harm
2. Extent of the harm
   - “eggshell skull” rule (D takes P as they are)
3. Subsequent medical injuries - UNLESS gross negligence by medical personnel
4. Suicide - but ONLY IF resulting from insanity, delirium, unconsciousness from injuries inflicted by D.
5. Rescuers who get hurt

Question 4

Foreseeability

Defendant is NOT liable IF:

Answer 4

1. Type of harm unforeseeable
2. Plaintiff harmed was unforeseeable
3. Superseding cause
4. Suicide ONLY IF person was lucid

Question 5

Superseding cause

What is it? What is required to make a cause “superseding?”

Answer 5

Intervening, independent, unforeseeable causal force that causes injury and insulates defendant from liability.

MUST be of a different risk than that created by D’s tortious behavior. (must be unforeseeable)

Question 6

Superseding cause

What about conduct of a third party that is unforeseeable? Like a mental patient who commits suicide while negligently unwatched? Or a lion that escapes from the zoo and kills people? The suicide was a voluntary act and the lion killed people, not the zoo. Superseding causes?

Answer 6

Liable ONLY IF duty to protect against unforeseeable conduct.
- Applies only in special circumstances.

Not liable for criminal conduct of third party.