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Proximate Causation
What is Proximate Causation?
'Proximate causation' is a concept in tort law or personal injury law that refers to the primary cause of an injury. By proving that the defendant's conduct was sufficiently related to the plaintiff's injury, the proximate cause can be established in a personal injury lawsuit. Proving the negligence of another person requires a proximate cause.
If a defendant's conduct was the proximate cause of a person's injury, courts may use either a "but for" test or a "substantial factor" test. Additionally, courts consider whether or not a defendant could have anticipated that his/her actions might lead to injury. As long as there is no foreseeability, there is no proximate cause.
A plaintiff must prove that a defendant was both the proximate cause and the actual cause of his/her injuries in order to establish negligence.
Proximate Causation
Generally speaking, an action is said to "proximately cause" someone's injury if it was a substantial factor in causing it. An accident must be caused by proximate cause in order to establish negligence. Injury victims can sue negligent parties for things such as medical expenses, lost wages, property damage, and pain and suffering if they have been injured.
To determine whether a person is proximately responsible for an accident or injury, most jurisdictions employ either of two tests. The "but for" and "substantial factor" tests are among them.
The “But For” Test
A court uses the "but for" test to determine whether a plaintiff's injury would have taken place but for the defendant's conduct, negligence, or omission. There is proximate cause when the court finds that an injury would not have occurred but for the defendant's negligence or liability.
The “Substantial factor” Test
The "substantial factor" test helps determine whether a plaintiff's injuries are the result of a person's conduct.
In applying this standard, the court asks whether the defendant's acts or omissions contributed significantly to the accident or injury. The defendant's actions caused the accident/injury if they were the proximate cause.
Substantial factors are those that contribute materially to an injury's occurrence. A court may not be able to say that a particular act was a substantial factor in causing an accident or injury when the act appears disconnected from the accident or injury. A disconnected act is considered outside the chain of events or causation that led up to the accident.
Foreseeability
Predictability is an important component of proximate cause. In most jurisdictions, an act or omission of a defendant is not the proximate cause of an accident unless a defendant could have anticipated the outcome.
There are times when a plaintiff's injuries are caused by an unforeseeable or intervening cause. An injured party would typically not be able to hold the defendant liable as the defendant had no way of anticipating the unlikely superseding cause. There are typically three types of superseding causes: acts of God, criminal law violations by third parties, and intentional torts or wrongdoings.
Multiple Causes
One person cannot avoid liability simply because others contributed to the accident if two or more people are responsible for it. If one's actions were a direct cause of an accident (in any way), then that person is liable for damages. The economic damages suffered by a victim will be shared by those who caused the injuries (for instance, multiple drivers). Regardless of whether two or more people are responsible for someone's injuries, any one of them can be held responsible for the entire award.
Actual Case
An injury victim must establish that the defendant was both the proximate and the actual cause of their injuries in order to successfully establish that another party was negligent.
It is easier to understand the actual cause than its proximate cause. What actually causes an accident is the action that follows the accident. An accident is caused by the actions of the driver, for example, if a car strikes a pedestrian. Generally, courts are not required to take into account substantial factors or predictability issues when determining actual cause. In some situations, "cause in fact" or "legal cause" may be used instead of "actual cause."
California Law
In California, a plaintiff who brings a negligence lawsuit against another person must prove both proximate and actual cause. Generally, California law uses the substantial factor test to determine proximate cause.
A substantial factor is a factor that a reasonable person would consider to have contributed to causing a type of harm under state law. These factors cannot be insignificant or remote. Furthermore, the substantial factor need not be the only contributing factor. To establish a defendant's negligence, a plaintiff must establish the following: the defendant owed the plaintiff a duty of care, the defendant breached such duty, and the defendant's negligence was the proximate and actual cause of the plaintiff's injury.