Causation

Causation is a key element in the establishment of a tort action. A claim cannot be validly established if the moving party does not display the defendant's action was a legal cause of the plaintiff's injury. In the attempt to determine causation, it is usually uncovered as a question of fact for the jury to determine. Two test are used to determine causation of a negligence claim. (1) The "But for" Test checks whether the injury would not have occurred but for the defendants conduct. This test is usually used when there is one tort feasor. (2) The "Legal Cause" Test checks if the defendant's conduct was a substantial factor in the occurrence of the injury. This test often used when there are multiple tortfeasors.

In order to establish valid causation, reasonable probability is required. Legal causation does not require a proof of actual certainty, it only requires a reasonable probability that the incident occurred. The goal is to determine whether it is more likely than not the injury to the plaintiff was a result of the defendant's negligence.

The establishment of Causation may be refuted if there is a superseding cause to the injury. A superseding cause is when a third party's intervening act or conduct could have been the immediate cause of the injury. The superseding negligence of the third party may then eliminate the defendant's liability of the action. In attempting to determine whether the third persons act was a superseding cause, a jury is often used to determine the issue because it is a factual inquiry.

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