Our associate lawyer Jacyln Habas wrote an article for the fall edition of The Litigator titled “A Guide to Causation: Uncomplicating the Complicated.” The article is on page 49 of the publication.
The article explains the steps involved in establishing causation in an injury case. The plaintiff in the case has the burden of proving causation while the defendant tries to prove causation cannot be established.
Habas discusses the difference between factual and legal causation. The standard test for factual causation is the but-for test. In other words, the plaintiff must show the injury would not have happened but for the negligence of the defendant.
Negligence refers to the breach of a duty of care. It is important to note that the breach of the duty of care does not need to be the only reason the victim suffered harm.
Habas also provides advice from a presentation by Eric S. Knutsen and Richard Bogoroch at the 4th Motor Vehicle Litigation Summit. They helped her provide context about the concept of causation.
Great work Jacyln!