Main Content
Proximate Causation
This inquiry is not really about causality in the physical sense at all. Justice Andrews made this clear in his famous comment in Palsgraf: "What we do mean by the word ‘proximate’ is that, because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics." Andrews' comment could be restated this way: whether the element of legal/proximate cause is satisfied turns on whether the defendant's negligence is sufficient linked to the plaintiff's injury to warrant holding holding the former responsible for the latter.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.