Causation 2 United States tort law

1 causation

1.1 actual cause

1.1.1 substantial factor test


1.2 proximate cause

causation

causation typically bigger issue in negligence cases intentional torts. however, mentioned previously, element of tort. defendant s act must actual cause , proximate cause of result in particular cause of action.

actual cause

actual cause has historically been determined test. if result not have occurred defendant s act, act actual cause of result.

several other tests have been created supplement general rule, however, deal cases in plaintiff suffers great harm, yet because multiple acts multiple defendants, test unhelpful. situation occurred in famous case of summers v. tice. example, dan , dave both negligently fire shotguns @ paula. paula struck 1 pellet , impossible determine gun fired from. using test alone, dan , dave can both escape liability. dan can own negligence, paula still might have suffered same harm. dave can make same argument. matter of public policy, courts nonetheless hold dan , dave jointly , severally liable. act of each defendant therefore said actual cause, if fiction.

a similar situation arises when impossible show defendant(s) was/were negligent @ all. inevitably arises in cases involving res ipsa loquitor. see ybarra v. spangard. example, making facts of case more extreme, paula goes hospital appendectomy. wakes up, , finds left arm has been amputated no apparent reason. (note implicate multiple issues , other causes of action negligence.) purposes of actual cause, unless there evidence or admission of negligent conduct, paula unable show actual cause. in situation too, courts hold defendants paula names (possibly on medical staff in room during surgery) jointly , severally liable. act of each defendant likewise said actual cause, if fiction.

substantial factor test

another test deals cases in there 2 actual causes 1 negligent. example, there 3 equidistant points, a, b, , c. paula s house @ point a. dave negligently ignites fire @ point b. lightning simultaneously strikes point c, starting second fire. fire @ point b , fire @ point c both burn towards point a. paula s house burns down. unlike summers v. tice, there 1 defendant in situation. courts still hold dave s negligence actual cause, conduct substantial factor in causing paula s damage. called substantial factor test.

summers v. tice, 33 cal. 2d 80 (1948)
ybarra v. spangard, 25 cal. 2d 486 (1944)

proximate cause

there many tests determining whether actual cause proximate one. involve form of foreseeability.

justice cardozo has 2 factors determine if there proximate cause between plaintiff s injury , defendant s breach of duty:

justice andrews has several factors determine if there proximate cause between plaintiff s injury , defendant s breach of duty:

ultramares corporation v. touche, 174 n.e. 441 (1931), on proximate cause in negligent misstatement cases




^ 33 cal.2d 80 (1948)
^ 25 cal.2d 486 (1944)