What is the test for determining whether a person is a "cause in fact" of another person's injury?
California, United States of America
The following excerpt is from M.S., In re, 10 Cal.4th 698, 42 Cal.Rptr.2d 355, 896 P.2d 1365 (Cal. 1995):
In tort law, a person's conduct is a "cause in fact" of another's injury if the injury would not have occurred in the absence of that conduct. This is generally referred to as the "but for" test of causation. As this court has recognized, the "but for" test works well in most situations, but it should not be used "when two 'causes concur to bring about an event and either one of them operating alone could have been sufficient to cause the result [citation].' " (Mitchell v. Gonzales (1991) 54 Cal.3d 1041, 1049, 1 Cal.Rptr.2d 913, 819
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