Does proximate cause mean foresee-ability to the defendant or foresee-ability to a reasonable person?

Asked about 1 year ago - Los Angeles, CA

Does proximate cause mean foresee-ability to the defendant or foresee-ability to a reasonable person?

Attorney answers (3)

  1. Stephanie Erin Story

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The way I learned negligence in torts is this: the elements required to prove negligence are duty (standard of care), breach of that duty, causation and damages. Causation has 2 subparts: the factual cause and the legal cause. Proximate cause is the legal cause, which basically refers to the relationship between the law to the facts. It is a tricky concept that is confusing for most law students. The last part of negligence is damages.

  2. Paula Brown Sinclair

    Contributor Level 20

    2

    Lawyers agree

    Answered . Neither. Proximate cause is the concept that describes the relationship between an error or omission and the damages alleged. The ability to foresee the consequences is an aspect of the alleged negligence of the defendant.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Michael Charles Doland

    Contributor Level 20

    Answered . Negligence requires duty, breach of duty, legal causation (also known as proximate cause) and damages.

    Not all causation is proximate causation. It must be reasonably foreseeable to the defendant.

    Do an internet search on Palsgraf v. Long Island Rail Road. That is the leading case establishing the principle of proximate cause.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more

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