Breach Cause the Harm

Question

Did the Breach Cause the Harm?

Answer 1

The third and final element to be proved in a negligence case is that the defendant’s carelessness caused the plaintiff to suffer a loss. The test used is the “but-for test.” The question to be asked is: ‘but for’ the defendant’s actions, would the injury or damage not have occurred?” While an affirmative answer to this question would suggest that there is immediate cause is the facts of the circumstances can regularly make it difficult to tell whether there is proximity, especially when there are intervening events.