XII. Causation

Question 1

Cause in Fact

Answer 1

But for test: defendant’s conduct is the cause in fact of an injury weh nit would not have occurred without his conduct

Alternative Tests:

1. Substantial factor (action was a subtantial factor in the injury): used in cases where there are multiple defendants and co-mingled causes. (e.g. fires burning and combining)
2. Burdne Shifting (have defendants prove who is at fault): use wehre there’s mutlipe defendants, only one of them actually did it, but unclear which one. Must prove which one did it

Question 2

Proximate Cause

Answer 2

• A limitation on defendant’s liability.
• Person is only liable for those harms are within the risk of his activity

Question 3

Proximate Cause: Direct Casue Fact Pattersn

Answer 3

• If result of d’s negligent conduct is foreseeable, d will be liable
• err on P’s side

Question 4

Proximate Cause: INdirect Cause

Answer 4

• Foreseeable INtervening Cause
  
  • Foreseeable Result: D liable
  • Unforeseeable Result: D not liable
• Unforeseeable intervening cause
  
  • foreseeable result: d liable unless intervening force is crime or intentional tort
  • unforeseeable harm: no liable; intervening force is superseding

Question 5

Cases where intervening cause will almost never cut off liability

Answer 5

1. Subsequent med mal: (e.g. driver hits pedestrian; pedestrian has infection in hospital. Foreseeable)
2. Negligent Rescue: (e.g drive hits pedestrian, rescuer tries to rescue but pedestrian gets hit again; Foreseeable)
3. Reaction Forces (e.g. cause crowd to flee, fleeing crowd runs over P; foreseeable)
4. Subsequent Diesease or Accidents (e.g. breaks leg; slips and breaks arm; foreseeable)

Question 6

Cases where an intervening cause will not cut off liability if D can anticipate the intervening cause

Answer 6

1. Negligence of 3P (e.g. D blocks sidewalk making P walk around him; gets hit by a car. Proximate cause)
2. Criminal Condcut (e.g. parking garage dos not secure itself in bad area; theif hurts patron; garage might be neglignet
   
   1. usually where criminal conduct occurs, ga requries evidence of substantially similar acts of crime
3. ACts of God (e.g. leaves material outside despite knwoing wind coming; hits person; yes knew bad weather