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


    Contributor Level 11


    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


    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

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Family court and child custody cases

Family court can be the last resort for child custody disagreements when negotiation, mediation, or collaborative law fail to resolve custody disputes.

Samuel Jackson Siemon

Filing for Divorce, What to Expect

Filing for divorce can be a difficult and emotional decision but once you have decided that it must be done, what should you expect? What are the first steps? How long does it take? How... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,533 answers this week

2,857 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,533 answers this week

2,857 attorneys answering