Causation Negligence

Causation Basic Requirements

Actual cause (aka factual cause) and proximate cause

But For Test

Ps injury would not have happened “but for” the defendant’s act or omission

Substantial Factor Test

Used for multiple causes where any cause on its own would be sufficient. D’s conduct is the cause in fact if it was a substantial factor in causing the injury

Unascertainable Causes

Applies when there are two acts, only one of which causes injury, but which one is not known. Burden shifts to the defendants to show that their individual negligence was not the actual cause

Proximate Causation Generally

A defendant generally is liable for all harmful results that are the normal incidents of and within the increased risk caused by their negligent acts. Based on foreseeability

Common foreseeable intervening forces

The following intervening forces are almost always foreseeable results of a defendant’s negligence: (1) medical malpractice in treating P; (2) negligence of rescuers; (3) protection or reaction forces to D’s conduct, such as efforts to protect person or property; and (4) disease or accident substantially caused by the injury

Sometimes Foreseeable Intervening Forces

The following intervening forces may be foreseeable if the defendant’s negligence increased the risk of harm from these forces: (1) negligent acts of third persons; (2) crimes and intentional torts of third persons; and (3) acts of God

Superseding Forces

Intervening forces that produce unforeseeable results are generally deemed to be superseding forces that break the causal connection between D’s act and P’s ultimate injury