Written by attorneys · grounded in primary & secondary sources — see below
A causal sequence linking an actor's tortious conduct to an invasion of a legally protected interest of another that renders the actor legally responsible for the resulting harm unless a defense applies. The sequence must satisfy both cause-in-fact requirements and the additional limits that keep liability within the scope of the risks that made the conduct tortious.
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How it applies
Common Examples
6
Duty Breach Triggers Liability
Luke Latham, a building owner, failed to repair a known loose handrail despite repeated complaints. Layla Lane, a tenant, grabbed the rail during a power outage and fell, suffering burns from a chemical she carried. The failure to repair placed Luke under a duty to conduct himself differently, and his omission was a legal cause of Layla's injuries, exposing him to liability.
Tortious Act Produces Harm
Landon Long operated a ship-repair yard that sent metallic dust and noise across a narrow inlet onto Logan Lane's waterfront home. After complaints, Landon added equipment that increased the dust without enclosures. The operations were a legal cause of the invasion of Logan's protected interest in the use and enjoyment of her land, making Landon responsible absent a defense.
Actor's Conduct Questioned
Lena Lawson, a lab supervisor, rushed an equipment check and overlooked a torn safety glove. Luis Lopez, a student, used the glove during an experiment, then fell on darkened stairs when a loose handrail detached, causing chemical burns. Lena's conduct as the actor raised the question whether it subjected her to liability toward Luis because it was a legal cause of his injury.
Negligence Elements Met
Liberty Trust delayed repairs on a known gas leak beneath a residential block. During a permitted street festival, a food-truck operator illegally connected a grill, triggering an explosion intensified by the leak that injured a nearby resident. The trust's conduct satisfied the element requiring that the defendant's conduct be a legal cause of the harm to the plaintiff.
Intentional Confinement
Lunar Dynamics security personnel intentionally blocked all exits from a storage area after a visitor entered without authorization. The visitor remained trapped for hours until discovered. The personnel's act, done with intent to confine, was the legal cause of the confinement even though the barriers operated indirectly through the layout of the facility.
Liability Condition Satisfied
Linden Bank failed to update a title search before a real-estate closing as required by local custom. A lien recorded days earlier went undetected, leading to foreclosure and loss of the buyer's equity. The bank's conduct met the condition that the actor's conduct be a legal cause of the injury, rendering the bank subject to liability.
Common questions
Frequently Asked
4
What two components must a plaintiff establish to prove legal cause in a negligence claim?+
The plaintiff must show both that the defendant's conduct was a cause in fact of the harm and that the harm fell within the scope of the risks that made the conduct tortious. Legal cause therefore combines the but-for or substantial-factor test with limits on the chain of responsibility. Without both elements, the defendant is not held liable even if harm occurred.
Supporting sources
How does legal cause differ from cause in fact alone?+
Cause in fact asks whether the harm would have occurred without the defendant's conduct. Legal cause adds the further requirement that the actual result be sufficiently similar to the result risked by the tortious conduct that the law may fairly impose responsibility. An event may be a factual cause yet fall outside legal cause if an extraordinary intervening force breaks the chain.
Supporting sources
In a legal-malpractice action, what must the client prove regarding legal cause?+
The client must prove that the lawyer's negligence was both a factual cause and a legal cause of the client's loss. This requires showing that proper performance would probably have avoided the adverse outcome and that the loss was within the scope of risks created by the negligent omission. A mere breach without this causal link does not create liability.
Supporting sources
Does an intervening criminal act by a third party automatically sever legal cause?+
No. An intervening act severs legal cause only if it is extraordinary and not a normal incident of the risk created by the defendant's negligence. When the defendant's conduct creates a risk that third-party misuse will occur in the precise setting where harm materializes, the intervening act remains within the scope of liability.
Supporting sources
of action can be tried to a jury even if it is brought as a class action. Since a derivative suit is historically wholly a creation of equity, the class action “analogy” is in truth no…
to arrest and search a person, it also forgives an officer who, with no knowledge of the warrant at all, unlawfully stops that person on a whim or hunch. To explain its reasoning, the…
may help to explain, they do not mitigate the harms
cause
d by delay itself. 18 GLOSSIP v. GROSS BREYER, J., dissenting A Consider first the statistics. In 2014, 35…
TortsOther torts · Claims based on nuisance, and defensesUBEIntermediate