Proximate Cause
Proximate cause (legal cause) limits liability to foreseeable consequences of negligent conduct, requiring plaintiff's harm be within scope of risk created by defendant's breach, per Palsgraf v. Long Island Railroad.
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Exam Tip
Palsgraf = foreseeability of PLAINTIFF. Eggshell skull = extent doesn't need to be foreseeable.
What is Proximate Cause?
Proximate cause is policy limitation on liability, distinct from actual (but-for) causation.
Palsgraf Framework (1928)
| Approach | Holding |
|---|---|
| Cardozo (Majority) | No duty to unforeseeable plaintiffs |
| Andrews (Dissent) | Duty to all; focus on directness |
Foreseeability Tests
| Test | Description |
|---|---|
| Foreseeable Plaintiff | Within zone of danger |
| Foreseeable Harm | Type of harm foreseeable |
Eggshell Plaintiff Rule
Take plaintiff as you find them. Once proximate cause established, liable for all harm.
Superseding Causes
Intervening cause that breaks chain - unforeseeable or extraordinary.