Causation (2)

Causation (2)

1. But For

   • 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.

2. Substantial Factor Test (3)

   • 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.   
   • Proof of Cause
     • ∆ materially contributed to the π’s injury.  
   • Cardozo Algorithm
     • 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.
   • Multiple Factors
     • Alternative Liability
       • 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.
     • Market Share Liability
       • 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.