But-For and Proving Cause-in-Fact in 2024

Judge

Cause-in-fact, or factual causation, refers to proving whether an action or incident caused harm. This process includes the much talked about ‘but-for’ test. But for simply refers to answering the question: Would a plaintiff have suffered harm but for a defendant’s actions?  So, this means that cause-in-fact should answer the but-for question. To do this … Read more