Proximate Cause (Legal Causal Connection

Question 1

Hints that Elise gave me about Proximate Cause

Answer 1

1) Ask “Was D’s negligence the proximate cause of P’s injury?”
To find the answer to this question ask:
a) Were the injuries a foreseeable consequence of D’s actions?
b) Are there any intervening causes to P’s injures?

Question 2

Proximate Cause:

define- Scope of Foreseeable Risk

Answer 2

A risk is foreseeable under the laypersons view when a person is subjectively aware of possible risks related to particular conduct.

Question 3

Proximate cause:

Scope of Foreseeable Risk Rules:

Answer 3

1) Liability will be limited to type of injury within the scope of risk
2) Liability will be limited to class of persons within the scope of risks

Question 4

Proximate Cause:

The Rescue Doctrine’s effect on foreseeability

Answer 4

This states that a rescuer to a risk which was caused by the negligence of the D is always a foreseeable consequence.

Question 5

Proximate Cause:

Is a D liable for all foreseeable consequences of a negligent act?

Answer 5

Yes, A D is liable for all foreseeable consequences of the negligent act, even if they happen in an unforeseeable manner and to an unforeseeable extent.

Question 6

Proximate Cause:

Define the Thin Skull Rule:

Answer 6

D liable if harm was foreseeable even if the extent of the harm was not foreseeable. An example is the D negligently causes a car accident, the p has a thin skull and is hurt severely because of the thin skull.