What is the test for determining whether a defendant's negligence merely created the opportunity for, but did not cause, the event that resulted in harm?
"New York", United States of America
The following excerpt is from Hain v. Jamison, 2016 N.Y. Slip Op. 08583, 28 N.Y.3d 524, 46 N.Y.S.3d 502, 68 N.E.3d 1233 (N.Y. 2016):
the rare cases in which it can be determined, as a matter of law, that a defendant's negligence merely created the opportunity for, but did not cause, the event that resulted in harm. For example, in Derdiarian v. Felix Contr. Corp., a driver careened into an excavation site that was poorly barricaded, and struck the plaintiff, a construction worker (see
[28 N.Y.3d 531]
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