1. Proximate Cause
Very High priority
Limits liability to FORESEEABLE consequences of negligent act. DIRECT CAUSE: If unbroken chain, D liable for all foreseeable harms. INTERVENING CAUSES: Foreseeable intervening acts don't break chain (medical malpractice after injury, negligence of rescuers, subsequent disease). SUPERSEDING CAUSES break chain: Unforeseeable intervening acts (criminal acts of third parties generally unforeseeable, unless D's negligence increased risk). EGGSHELL PLAINTIFF: Take victim as you find them - liable for full extent of injuries even if unforeseeable severity (preexisting condition). Thin skull rule doesn't break proximate cause.
HYPO: D negligently rear-ends P's car (minor fender-bender). P has unknown brittle bone disease and suffers multiple fractures requiring surgery. At hospital, doctor negligently prescribes wrong medication, causing P liver damage. D argues not liable for extensive injuries. ANALYSIS: EGGSHELL PLAINTIFF: D takes P as D finds P. Brittle bones = preexisting condition. D liable for ALL fractures even though disproportionate to impact. INTERVENING MEDICAL MALPRACTICE: Is it superseding cause breaking chain? NO - medical treatment after injury is FORESEEABLE intervening cause. Negligent medical treatment does not break causal chain. D remains liable for liver damage too. D can seek contribution from hospital. RESULT: D proximately caused ALL injuries - fractures (eggshell rule) AND liver damage (foreseeable intervening cause).
- Exam shortcut: Foreseeability; eggshell plaintiff
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