Walker Morgan LLC

Cause-in-Fact

Negligence: Cause-in-Fact

To bring a successful claim for negligence, a plaintiff must prove the following elements: the defendant owed the plaintiff a duty to exercise reasonable care; the defendant breached the duty of care; the defendant’s breach of duty was the proximate cause of injury to the plaintiff, and the plaintiff suffered damages for which he/she is entitled to compensation.

When determining if the requirement that the defendant’s breach was the proximate cause of injury to the plaintiff has been met, the finder of fact will examine two types of causation. The first part of the test for causation is known as “cause-in-fact” or “but-for” causation.

To put it simply, cause-in-fact causation requires a plaintiff to show that he or she would not have been injured without—or, but for—the defendant’s actions.

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The essential question in determining the cause-in-fact is whether the plaintiff’s injuries would have resulted regardless of the defendant’s negligence. If the answer is yes, then the plaintiff has failed to prove cause-in-fact. If the answer is no and the plaintiff is able to show, by a preponderance of the evidence that without the defendant’s negligence he or she most probably would not have sustained injuries, the plaintiff has successfully demonstrated cause-in-fact.

The second part of the test for causation is known as “proximate cause.”

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injury lawyer kirk morgan

Kirk Morgan

Attorney

injury lawyer billy walker

Billy Walker

Attorney

injury lawyer will walker

Will Walker

Attorney

injury lawyer chuck slaughter

Chuck Slaughter

Attorney

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