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Legal Causation - Coggle Diagram
Legal Causation
general principles
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Not about possibility, it's about probability
If it's not foreseeable, then it's not preventable, then how can you hold someone liable (Wagon mound)
It's not necessary to foresee the manner in which the harm occurred or the extent of the damage as long as it's a type of harm that could be foreseen (Hughes v Lord Advocate)
court can break down the causal sequence,
ex. Assiniboine: Court breaks down the series of event, even though a kid playing on a snowmobile is remote from a building on fire, it was reasonably foreseeable that each event could cause the next one
one should not escape liability simply because the danger that actually occurred isn’t identical to the danger reasonably foreseen
Recovery may occur, provided the event giving rise to the damage is not regarded as impossible (even if it only happens in very exceptional cases) (ASSINIBOINE :red_flag:)
its all about fairness, its a limiting device to liability
thin skull rule
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Defendant is liable for ALL consequences where SOME harm to the plaintiff was reasonably foreseeable
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crumbling skull rule
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Requires measurable risk of the plaintiff suffering harm had the defendant’s negligence not happened
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novus actus interveniens
general principles
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If the second act was not reasonably foreseeable, then D relieved of liability for injury or worsening of injuries attributable to subsequent event
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subsequent injuries
D liable where subsequent injury was reasonably foreseeable from D’s negligence – Larsen v Wilson :red_flag:
If the defendant hurts the plaintiff and then the medical professional who treats them is negligent (in administering the procedure or in not informing of risks and then risks materialise), then liability will be apportioned
If the defendant hurts the plaintiff and then something happens (not due to MP negligence) during the treatment, let's say for example risky procedures, then that was reasonably foreseeable
manufacturer liability
Manufacturer liability for injury to consumer for defective product where another person interferes with product depends on:
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