Proximate (Legal) Cause

Question 1

What 3 circumstances give rise to proximate cause issues?

Answer 1

1. Unforeseeable extent of harm
2. Unforeseeable type of harm
3. Unforeseeable manner of harm

Question 2

Majority View:

Answer 2

• ∆ owes duty of reasonable care to
• foreseeable plaintiffs
• who are within the zone of danger

I.e. i.e., under the circumstances, a reasonable defendant would have foreseen a risk of harm to the plaintiff

Question 3

Minority View

Answer 3

recovery to any person thereby harmed due to a breach of the defendant’s duty of care

Question 4

Eggshell (Thin-skulled) Plaintiff Rule

Answer 4

• ∆ is liable for full consequences of plaintiff’s injury
• even though, because of π peculiar suspecitibly to harm (of which ∆ was not aware)
• those consequences were more severe than they would have been in a normal person

Question 5

What is a superceding cause?

Answer 5

• Unforeseeable
• intervening cause
• that breaks the chain of causation
• between the initial wrongful act and the ultimate injury
• relieving the original tortfeasor of further liability

Question 6

Types of unforeseeable superceding causes

Answer 6

• Acts of God
• Intentional torts of 3rd parties
• Criminal act of 3rd parties
• Extraordinary forms of negligent conduct

Question 7

If unforeseeable, then…

Answer 7

Defendant is not liable (superceding)

Question 8

If foreseeable intervening foce, then…

Answer 8

Defendant remains liable

Question 9

Common foreseeable intervening forces that do not break causal chain:

Answer 9

• Rescuers:
  
  • Because rescuers are foreseeable, the original tortfeasors will be held liable for the ordinary negligence of the rescuer.
• Physician/nurse treatment: The original tortfeasor is usually held liable for the ordinary negligence of the plaintiff’s treating physician or nurse.
• diseases/subsequent injuries:
  
  • ​original tortfeasor is usually held liable for diseases contracted or subsequent injuries sustained because of the impairment of the plaintiff’s health resulting from the original injury caused by the defendant’s tortious conduct.

Question 10

Rescuer Liability

Answer 10

• Negligent ∆ owes an independent duty of care to a rescuer
• Negligent ∆ will be liable for both personal injury and property damage, whether rescuer succeeds in injuring self, person rescued, or stranger