Question

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, killing her. But for Joe's negligence, Kim would still be alive. Regarding Kim's death, the crash is _________.a. ​the cause in fact.

b. ​the intervening cause.
c. ​the superseding cause.
d. ​the proximate cause.

Answer 1

The cause in fact

Explanation:

There is a claim for negligence but the plaintiff has to prove that whatever happened because of negligence. The following elements are there that help in proving that happening because of negligence.

• The defendant owed the plaintiff, the duty of the care.
• The defendant has to breach the duty of the care.
• The duty of the defendant will be the cause of the injury for the plaintiff.

To prove the negligence the plaintiff needs cause in fact causation to have to show that they do not injure without the defendant's actions.