In tort law what is the difference between proximate cause and the actual cause? What is the effect of an intervening cause? Do you think that a company should always be held to a strict liability standard for any product that they produce?Just do response each posted # 1 to 3 down below onlyPosted 1The similarities between proximate cause and actual cause are what scared me away from a legal profession. It’s the fear of the gray area. However, after reading the chapters, I understand this better, I think. Actual cause is the immediate result of one’s actions after an act or breach of duty. Proximate cause assumes that the actual cause, actually caused the result. For example, If Bobby slapped Tim, leaving him with a red bruise on his face and he happened to have a seizure. The slap is the actual cause of the red bruise on Tim’s face. Tim has underlying health issues, so we could only assume that the slap caused his seizure. The slap would then be considered the proximate cause. The intervening cause increases injury but does not hold defendant liable. It is the result of another party intervening into the situation, only causing more damage or harm. If citizens came to help Tim while seizing and one shoved another into a tree, that would be an intervening cause. Bobby would not be held accountable for that. Yes, companies should be held to a strict liability standard for any product that they produce. It is the companies responsibility to ensure that they’ve done thorough research on ingredients or products offered to the public. It is the reasonable thing to do.Posted 2The difference between proximate and actual cause is a bit of a tricky one. Proximate cause is something that happens that is deemed to have enough relation to the enough for it to be considered the cause. Actual cause is the actual event itself. For example, proximate cause in a car wreck would be a driver running a red light. Actual cause in the same example would be the driver hitting another driver after running the red light.An intervening cause is something that happens before the event that may have been the cause of the event. For example, a hospital fails to properly clean their surgery tools in between procedures, leading to an infection in one of their patients.I do believe that companies should be held liable for any products they produce, especially if they are producing all components of their products. Even if they aren’t, however, they should be testing all of their products to make sure they work how they should and don’t pose any unforeseeable dangers or threats.Posted 3A negligence claim is composed by 3 elements: 1) the defendant owed a duty of care to the plaintiff; 2) the defendant committed a breach of this duty and; 3) this breach was the actual and approximate cause of injury experienced by the plaintiff. The actual cause occurs in a situation when the plaintiff would not have been injured if not for the defendant’s duty-breaching conduct (initial event itself). The proximate cause concerns the required degree of closeness between the duty-breaching conduct and the actual injury caused by it. Therefore, it must clearly have a connection between the cause and the injury to exist, otherwise the defendant cannot be held liable.About intervening causes, it exists when an unforeseeable injury to the plaintiff occurs after the initial event. Suppose a defendant negligently injures a person in a car accident. After this person was brought to the hospital, a doctor negligently treated the plaintiff, aggravating his injury. Once this second event was unforeseeable, the defendant will be absolved of the liability.Related to strict liability, we can use a company that produces cars as an example. In a scenario where a car has a defect and someone gets injured because of that in a car accident, the company could be liable for the damages. It can be unfair sometimes, since zero defects and almost impossible to achieve. But the companies should at least strive to reach it, in order to steering away from ruinous claims.
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