Chapter 6

ACTUAL AND PROXIMATE CAUSE

  Once the plaintiff has shown that the defendant behaved negligently, he must then show that this behavior “caused” the injury complained of. Actually, P must make two quite distinct showings of causation:

• Cause in fact:  P must first show that D’s conduct was the “cause in fact” of the injury. This usually means that P must show that “but for” D’s negligent act, the injury would not have occurred.
• Proximate cause:  P must also show that the injury is sufficiently closely related to D’s conduct that liability should attach. This requirement is commonly called the requirement of “proximate cause” or “legal cause.”
  • Foreseeability:  The requirement of “proximate cause” usually means that the injury must have been at least a reasonably foreseeable (and not bizarre or extraordinary) result of the defendant’s negligence.

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