Here, Abe cut the tree down, which contained Bill and knowing he would fall and likely
be hurt, requiring a potential rescuer. The utility of cutting the tree down, merely so he
did not have to rake up the leaves, is not worth the significant risks of serious injury or
death from doing so. Abe acted in an unreasonable fashion.
Abe breached his duty to Cindy.
Actual cause
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An actual cause is the cause which starts, ignites or makes possible the results which
follow and fills the “but for” or substantial certainty test.
“But for” Abe cutting down the tree, Bill would not have fallen and gotten hurt. If Bill had
not gotten hurt, Cindy would not be required to come to his aid. If Cindy did not come to
his aid, she would not have been struck by a car and sustained serious injuries.
Proximate cause
An actual cause of harm is also the proximate cause of harm if what follows is a natural,
unbroken chain of events, uninterrupted by independent, unforeseeable intervening
events, and results in the harm.
Here, Abe may argue it is not foreseeable that a rescuer would be struck by an
automobile, trying to help someone who fell in a tree. The argument will likely fail since
the tree abutted the street and the tree fell in the street where cars are likely to be
found. Since Cindy had no choice where to treat Bill, it is foreseeable she may be
injured from a passing car.
Abe’s breach is the proximate cause of Cindy’s injuries.
Damages
Damages include special damages such as actual monetary expenditures and lost
wages as well as general damages such as pain and suffering. Damages may also
include punitive damages, to set an example of the defendant and possibly loss of
consortium.
We are told in the scenario that Cindy sustained “serious injuries”. These will likely
require hospital bills, time off of work as well as pain and suffering she sustained from
the accident. It is also likely a court may find Abe’s behavior reckless and grossly
negligent and may impose punitive damages.
Cindy sustained damages.
Abe will be liable to Cindy for negligence.