Sine Qua Non (“But For” Causation)

The basic test to determine if there was causation in fact is to ask whether “but for” a defendant’s negligence a plaintiff’s injuries would have resulted. This test is too broad, however, because it does not bar liability for the remote results of one’s conduct. The test is also underinclusive because it does not allow recovery in cases of joint causation since, “but for” one cause the other cause would have hurt the plaintiff anyway.