What is proximate cause or legal cause?
Proximate cause is defined as the first act that sets off a series of events that results in an accident or injury. The plaintiff must show that the defect was the proximate cause of his or her injury or loss. There has to be a direct connection between the product defect and the injury or loss. The plaintiff must show that the injury or loss was a foreseeable or likely consequence of the negligence of the defendant. What is cause in fact or actual cause? The standard test for showing cause in fact in a negligence action is the “but for” test. This means but for the defendant’s negligence, the injury or loss would not have resulted. The defendant’s negligence has to be a substantial factor in bringing about the injury or loss. What is a concurrent cause? If a loss or injury results from two separate acts of negligence committed by two different persons at the same time, there are concurrent causes. The plaintiff can recover against either person or against both. What is an intervening
