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The harm within the risk (HWR) test determines whether the victim was among the class of persons who could foreseeably be harmed, and whether the harm was foreseeable within the class of risks. It is the strictest test of causation, made famous by Benjamin Cardozo in Palsgraf v. Long Island Railroad Co. case under New York state law. [10]
causation: the injury to the plaintiff is a reasonably foreseeable consequence of the defendant's act or omission. Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. [6] Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages. [6]
Recovery of damages by a plaintiff in lawsuit is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. This is known as the principle of proximate cause. This principle governs the recovery of all compensatory damages, whether the underlying claim is based on contract, tort, or both. [5]
The tort of negligence is a cause of action leading to relief designed to protect legal rights [g] from actions which, although unintentional, nevertheless cause some form of legal harm to the plaintiff. In order to win an action for negligence, a plaintiff must prove: duty, breach of duty, causation, scope of liability, and damages.
A failure-to-warn claim is a staple of products liability litigation. The basic premise is that a manufacturer or seller failed to warn a consumer about an unreasonable risk of foreseeable harm ...
In January 2016, Doe commenced a lawsuit against the Royal Newfoundland Constabulary, alleging police failed to properly warn the public that a predator was stalking young women. According to the statement of claim, all of the attacks took place in a similar part of the city and involved people with similar characteristics—six young women ...
Usually city government has a duty of care to repair and maintain the sidewalk. In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence.
Legal Causation is usually expressed as a question of 'foreseeability'. An actor is liable for the foreseeable, but not the unforeseeable, consequences of his or her act. For example, it is foreseeable that if I shoot someone on a beach and they are immobilized, they may drown in a rising tide rather than from the trauma of the gunshot wound or ...