3.       CAUSE IN FACT

Under the traditional rules in negligence cases, a plaintiff must prove that the defendant’s actions actually caused the plaintiff’s injury. This is often referred to as “but-for” causation. In other words, but for the defendant’s actions, the plaintiff’s injury would not have occurred. The child injured by the defendant who tossed a bag of grain onto a truck could prove this element by showing that but for the defendant’s negligent act of tossing the grain, the child would not have suffered harm.

To be continued.