Causation

1
Causation
Torts I Professor Hensel 10/30/02
2
The Tests of Causation
Standard Test But for

• Cause in fact established where but for
• the negligent acts of D, P would not
• have suffered an injury

• Cause in fact not established if P would
• have suffered the same harm had D
• not acted negligently.

3
Proving Causation
Kramer Service, Inc. v. Wilkins
Statement of the Case
Holding
Degree of Evidence Required
Informed Consent Review
4
PROVING CAUSATION
Wilder v. Eberhart
Statement of the Case
Holding
Defendants Evidence
5
Reduced Chance of Recovery
Herskovits v. Grp. Health Cooperative
Statement of the Case
Holding
Alternative Characterizations of Injury
Damages