Causation General rule=plaintiff in a negligence action must demonstrate that the breach proximately caused the plaintiffs alleged injuries 2 requirements o 1) Factual causation: “but for” the defendants act the injuries would not have happened (or actions were a substantial factor) o 2) Legal causation: reasonable foreseeability of the resulting harm Independent Intervening Cause A cause that emanates from third party or source to disrupt the casual connection between the defendants careless act and plaintiff’s injury The key is foreseeability o An intervening cause that can reasonably be foreseen by the defendant is usually insufficient to break the casual chain Damages/Injury General rule= plaintiff must prove injury to person or property-some ability to recover for mental distress Punitive damages are generally not allowed for regular negligence Insurance Make sure you have the right kinds, and enough The five most common commercial and property liability claims are o Burglary and theft (20% and average payout is 8k) o Water and freezing damages (15%; 17k) o Wind and hail (15%; 26k) o Fire (10%; 35k)
o Customer slip and fall (10%; 20k) o Car accident (less common; 45k) What will insurance do for you o Defend, pay covered claims within policy limits, help take emotion out, keep business afloat, help you avoid penalties
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- Spring '08