What is a breach causing harm in fact in negligent torts?
A method to demonstrate that something has cause harm in fact can be done by looking at customs of the activity. A custom is a well-established and consistent way of performing a certain activity in a trade or industry. The Evidence of standard of care (can be used by Plaintiff or the Defendant.) The Plaintiff will try to assert the PlaintiffÔøs deviation from custom as evidence of lack of due care. Defendant may try to avoid liability by showing compliance with custom. Custom evidence does NOT itself establish a breach of duty or demonstrate harm in fact. The Plaintiff must show that the harm in fact the custom was developed to avoid is the same as that suffered by Plaintiff. What is proximate cause? Proximate cause is the demonstration that the harm or injury was not too remote and was directly foreseeable as a result of the DefendantÔøs actions. Cause in fact is usually easier to prove than proximate cause. It is traditionally easier to show what physically cause the harm rather tha
