Proximate (legal) Cause Flashcards
4 Considerations: Proximate Cause (EE)
- injury not recoverable if truly beyond type of harm expected
- where type of injury foreseeable, liable even if more serious “thin skull”
- Cases distinguish unforeseeable consequences of negligent act from consequences that are foreseeable but unusual “burning rat”
- Injury does not need to be likely or probable
Atlantic Coast Line [general]
Proximate - potentially arbitrary, to prevent reductio ad absurdum
Ryan v. New York (shed on Fyran)
Not liable for remote results of negligence
Bartolone v. Jeckovish (Shizo skull)
∆ must take π as he fins hime and maybe liable for aggravation pre-existing conditions
In Re Polemis (Wood Pole-a-miss)
if no other independent cause, whether anticipated irrelevant
Wagon Mound 1
∆ is not liable for the damage solely because it directly resulted from his negligent act (overturned Polemis)
Wagon Mound 2
If a party did nothing to prevent the injury, even if remote, is liable if foreseeable
Palsgraf
Negligence is based on foreseeability of harm
Yun v. Ford (Yun or Run!)
An intervening cause, which is unforeseeable or extraordinary event, breaks the hand of causation
Derdiarian v. Felix (construction site)
intervening acts of third parties don’t auto-sever liability, liability survives if the Int. act is foreseeable consequence of ∆ negligenece
Watson v. Kentucky (fuck this guy)
Derdiarian unless so unexpected or extraordinary then liability is severed
Fuller v. Pries (Full-er dies)
Intentional intervening act like suicide does not sever liability if it is shown that ∆ caused suicidal thoughts
McCoy v. American Suzuki
Rescue Doctrine: foreseeable rescuers. Still liable.
Kelly v. Grinnell (Whiskey well)
Social hosts liable
Enright v. Eli Lilly
COA are not recognized for preconceived injuries
