What is the test for establishing that defective brakes caused an accident?

California, United States of America


The following excerpt is from BOWMAN v. WYATT, 111 Cal.Rptr.3d 787, 186 Cal.App.4th 286 (Cal. App. 2010):

[15] [16] The City contends that the evidence cited above is not of sufficient substantiality to support the jury's finding that defective brakes caused the accident. To establish causation, a plaintiff must prove that the defendant's conduct was a substantial factor in bringing about his or her harm. ( Padilla v. Rodas (2008) 160 Cal.App.4th 742, 752, 73 Cal.Rptr.3d 114 ( Padilla ); Williams v. Wraxall (1995) 33 Cal.App.4th 120, 132, 39 Cal.Rptr.2d 658.) Stated differently, evidence of causation must rise to the level of a reasonable probability based upon competent testimony. [Citations.] A possible cause only becomes probable when, in the absence of other reasonable causal explanations, it becomes more likely than not that the injury was a result of its action. [Citation.] The defendant's conduct is not the cause in fact of harm where the evidence indicates that there is less than a probability, i.e., a 5050 possibility or a mere chance, that the harm would have ensued. ( Williams v. Wraxall, supra, at p. 133, 39 Cal.Rptr.2d 658, italics added.)

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