Causation (2)

Nota:

• π must establish that "But for" the ∆’s culpable conduct or activity the π would not have been injured.  This is the test for actual causation.

Nota:

• A factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm.   

1. Proof of Cause

   Nota:

   • ∆ materially contributed to the π’s injury.  
2. Cardozo Algorithm

   Nota:

   • a. A negligent act was deemed wrongful because that act increased the chances that a particular type of accident would occur; and b. a mishap of the very sort did happen, this was enough to support the finding by the trier of fact that the negligent behavior caused the harm.
3. Multiple Factors
   1. Alternative Liability

      Nota:

      • Shift of the burden of proof of causation to the ∆ because there is inadequate proof of a casual relationship because of the ∆’s actions of carelessness.
   2. Market Share Liability

      Nota:

      • The π must present sufficient evidence that the alleged defective condition of the product was  a BUT FOR cause or SUBSTANTIAL FACTOR in contributing to the injuries.