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Cause (Negligence) - Coggle Diagram

- - - - actively take part in or
      - further it by cooperation or request or
      - who lend aid or encouragement or
      - ratify or adopt the wrongdoer's acts for their benefit
    - - kind and amount of assistance
      - relation of the ∆ to the actor
      - nature of the wrongful act
      - presence or absence of ∆ at the occurrence of the wrongful act
      - ∆'s state of mind
  - - - concurrent tortfeasors breach duty to π
      - only one caused the harm and the π cannot prove which one
      - each ∆ created a substantially similar risk of harm
      - all of the ∆s who could have caused the harm are being sued by the π
    - - Appropriate where the π establishes:
        
        the injury was caused by a fungible product made by all ∆s in the suit
        
        the injury was due to a design hazard
        
        an inability to identify the specific manufacturer that caused the harm
        
        joinder of enough manufacturers to represent substantial share of the market
      - Apportion liability based upon the percentage of products each ∆ contributed to the entire relevant market
    - - π must establish by a preponderance of the evidence that the physician's negligence caused their injury
      - Under the all-or-nothing rule, a π may recover damages only by showing that the ∆'s negligence more likely than not caused the ultimate outcome
      - Under the proportional damages approach, damages are measured as the percentage of probability by which the ∆'s tortious conduct diminished the likelihood of achieving some more favorable outcome
    - - The burden of proof shifts to the ∆s to prove which did not cause the harm
  - - - π has burden of proof