What is the test for determining whether a defendant is liable for injuries sustained by a plaintiff as a result of negligence?

MultiRegion, United States of America

The following excerpt is from In re Pemstein, Case No. 2:12-bk-15900-RK (Bankr. C.D. Cal. 2012):

injury, so that 'but for' the defendant's negligence the injury would not have been sustained." Akins v. County of Sonoma, 67 Cal. 2d 185, 198-199 (1967)(citations omitted). Additionally, in cases involving a later cause of independent origin, courts should consider "whether the later cause of independent origin, commonly referred to as an intervening cause, was foreseeable by the defendant or, if not foreseeable, whether it caused injury of a type which was foreseeable. If either of these questions is answered in the affirmative, then the defendant is not relieved from liability towards the plaintiff; if, however, it is determined that the intervening cause was not foreseeable and that the results which it caused were not foreseeable, then the intervening cause becomes a supervening cause and the defendant is relieved from liability for the plaintiff's injuries." Id.

Other Questions


What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the legal test for determining whether a prison official is liable for injuries sustained by a prisoner as a result of unsafe conditions of confinement? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the standard for determining whether a defendant is liable for negligence under the Jones Act? (MultiRegion, United States of America)
What is the test for determining whether a named plaintiff suffered an injury in fact as a result of the challenged conduct? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
How have the courts interpreted the Commissioner's findings in determining whether a plaintiff was entitled to be denied access to a Defendant's personal injury? (MultiRegion, United States of America)
Is a plaintiff's claim for damages arising out of a motor vehicle accident sustained as a result of injuries sustained in the accident/accident? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether the Village of New York is liable to appellees for injuries sustained in a motor vehicle accident? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.