Negligence (Causation & Scope of Risk).pptx - CAUSE PROXIMATE CAUSE The Principle Scope of Risk \u2022 Cause in Fact \u2022 Mechanics vs Proximate Cause

Negligence (Causation & Scope of Risk).pptx - CAUSE...

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CAUSE: PROXIMATE CAUSE The Principle: Scope of Risk
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Cause in Fact vs. Proximate Cause Mechanics vs. Fairness
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Dr. Dayden: p. 203 1. doctor negligently performs vasectomy 2. patient fathers a child 3. when child is 6-years-old, he sets fire to the plaintiff’s garage Is the doctor liable for the fire?
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Thompson v. Kaczinski , p. 204 “An actor’s liability is limited to those physical harms that result from the risks that made the actor’s conduct tortious.” “We conclude the question of whether a serious injury to a motorist was within the range of harms risked by disassembling the trampoline and leaving it untethered for a few weeks on the yard less than forty feet from the road is not so clear in this case as to justify the district court’s resolution of the issue as a matter of law at the summary judgment stage.”
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“The scope-of-liability issue is fact-intensive as it requires consideration of the risks that made the actor’s conduct tortious and a determination of whether the harm at issue is a result of any of those risks.” -Thompson , p. 205 1. What is the range of harms risked by the defendant’s conduct that a jury could find as the basis for determining the defendant’s conduct was tortious?
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