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Negligence Causation and Proximate Cause in Tort Law

Explains the legal concepts of cause in fact (but-for test, loss of chance doctrine) and proximate cause (foreseeability test, eggshell plaintiff rule, intervening/superseding causes) in tort law, along with public policy limitations on liability.

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In the law of torts, proving that a defendant was "negligent" (careless) is only half the battle. To successfully recover damages, a plaintiff must demonstrate a direct link between the defendant's breach of duty and the harm suffered. This link is divided into two distinct legal requirements: cause in fact (factual causation) and proximate cause (legal causation). While cause in fact asks if the defendant's actions physically triggered the event, proximate cause acts as a policy-driven boundary, limiting liability to those harms that are reasonably connected to the defendant's conduct.

The But-For Test illustrates factual causation in law, demonstrating that if an injury would not have occurred "but for" a defendant's negligent action, then that action is considered the factual cause of the injury.
The But-For Test illustrates factual causation in law, demonstrating that if an injury would not have occurred "but for" a defendant's negligent action, then that action is considered the factual cause of the injury.

Cause in Fact: The "But-For" Test

The primary method for establishing factual causation is the but-for test. Under this standard, the plaintiff must prove that the injury would not have occurred "but for" the defendant's conduct. If the injury would have happened anyway—regardless of the defendant's actions—then the defendant is not the factual cause.

In a trial, the plaintiff carries the burden of proving this connection by a preponderance of the evidence, meaning it is "more likely than not" that the defendant's conduct caused the harm. Mere suspicion, conjecture, or speculation is insufficient to satisfy this burden.

The Loss of Chance Doctrine

A notable exception to the strict but-for requirement is the loss of chance doctrine. This arises in medical malpractice or similar cases where a defendant's negligence does not directly cause death, but rather diminishes the plaintiff's statistical probability of survival. Instead of claiming "but for your mistake, I would be alive," the plaintiff claims "but for your mistake, I would have had a higher chance of survival".

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