Module 11 - Proximate Causation

What is proximate causation in negligence?

Proximate causation limits liability to situations where the defendant's conduct is deemed the legal cause of the plaintiff's injury, focusing on whether the consequences were foreseeable or unusually remote.

How does proximate causation differ from factual causation?

While factual causation asks whether the defendant's conduct caused the injury, proximate causation limits liability to foreseeable consequences of that conduct.

What is the general rule for proximate causation?

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

What are common foreseeable intervening forces in proximate causation?

Common foreseeable intervening forces include:

Medical malpractice

Negligence of rescuers

Protection or reaction forces

Disease or accident caused by the original injury

What are some guidelines for forseeability?

Passage of Time

Geographic Distance

Prior Occurence

When are intervening forces considered foreseeable in proximate causation?

Intervening forces are considered foreseeable if the defendant's negligence created a risk that the intervening force would harm the plaintiff or caused a foreseeable reaction.

What are examples of foreseeable intervening forces beyond normal reactions?

Examples include:

Negligent acts of third persons

Crimes and intentional torts of third persons

Acts of God (e.g., natural disasters) when the defendant's negligence increased the risk of harm from such forces.

Give an example of a foreseeable intervening force.

If a valet negligently leaves a car unlocked and a thief steals it, the valet may be liable because the theft is a foreseeable intervening force resulting from the valet's conduct.

What is a superseding force in proximate causation?

A superseding force is an unforeseeable intervening force that breaks the causal connection between the defendant's negligent act and the plaintiff's injury, relieving the defendant of liability.

When does an intervening force become a superseding force?

An intervening force is superseding if it produces unforeseeable results that were not within the increased risk created by the defendant's negligence.

Give an example of a superseding force.

If the defendant negligently blocks a road, forcing the plaintiff to take an alternate route, and the plaintiff is then hit by a negligent driver on the new road, the other driver's conduct is an unforeseeable intervening force that supersedes the defendant's liability.