The issue of what caused, say, a motor vehicle accident is usually pretty clear e.g. a negligent rear end collision.

However in other areas of potential claims for damages the issue of causation can be tricky.

A party is only liable in negligence if that party’s negligent act or omission caused or materially contributed to the damage, the subject of the claim.

Causation in fact is established if it can be proven that the harm which is the subject of the claim would not have occurred without (“but for”) the other party’s negligent act or omission.

This would seem to be pretty straight forward but unfortunately it isn’t.

For instance a party is not liable for an outcome that satisfies the “but for” test if it is a coincidental consequence of the negligent act or omission.

The High Court has established a principle to the effect that once a claimant demonstrates that a breach of duty has occurred followed by injury within the area of foreseeable risk, a prima facie causal connection will have been established. It’s then up to the other party to show that the breach had no effect or that the injury would have occurred even if the duty of care had been performed.

Before litigation for damages is commenced the issue of causation must be carefully considered.

At Havilah Legal we can assist in advising on and clarifying this and all other issues, relative to likely claims.

Related Havilah Legal service(s): Personal Injury