Causation

Question 1

MERGED CAUSES—SUBSTANTIAL FACTOR TEST

Answer 1

Where several causes bring about injury, and any one alone would have been sufficient to cause the injury, the defendant’s conduct is the cause in fact if it was a substantial factor in causing the injury

Question 2

UNASCERTAINABLE CAUSES APPROACH

Answer 2

This test applies when there are two acts, only one of which causes injury, but it is not known which one. The burden of proof shifts to defendants, and each must show that his negligence is not the actual cause.

Question 3

Superseding Forces

Answer 3

Intervening forces that produce unforeseeable results (results not within the increased risk created by the defendant’s negligence) are generally deemed unforeseeable and superseding. Superseding forces break the causal connection between the defendant’s initial negligent act and the plaintiff’s ultimate injury