Proximate Causation Problems:
Brake Fluid Fill Fail

Torts

Eric E. Johnson

ericejohnson.com

Konomark
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Tests for Proximate Causation

Direct Test
Foreseeability Test
Harm-within-the-Risk Test

Tests for Proximate Causation

Direct Test
Foreseeability Test
Harm-within-the-Risk Test

Also under discussion …

Superseding causes

Brake Fluid Problems

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

For the following questions, assume that Garnett is suing over bones broken from the force of Florvan's car being transmitted to Garnett’s body in the course of the collision.

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the direct test?

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the direct test?

Are there any intervening causes between Δ's act and π's injury?

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the direct test?

Are there any intervening causes between Δ's act and π's injury? YES

Result:

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the direct test?

Are there any intervening causes between Δ's act and π's injury? YES

Result: Proximate causation is not satisfied.

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the foreseeability test?

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the foreseeability test?

At the time Carter left an empty brake fluid bottle without throwing it away, was it foreseeable someone would get hit by a car as a result?

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the foreseeability test?

At the time Carter left an empty brake fluid bottle without throwing it away, was it foreseeable someone would get hit by a car as a result? NO

Result:

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.

Garnett against Carter:
Is proximate causation satisfied under the foreseeability test?

At the time Carter left an empty brake fluid bottle without throwing it away, was it foreseeable someone would get hit by a car as a result? NO

Result: Proximate causation is not satisfied.

Hypo: Carter, Driscoll, and Enterby are auto mechanics sharing a garage. Carter opens up a bottle of brake fluid, uses it in a car, and, being sloppy, she just leaves the empty bottle on a workbench. Driscoll, coming along later, needs a container for non-potable water. Seeing the empty brake fluid container, he puts water into it, screws the cap back on, and leaves it. Sometime later, Enterby is repairing brakes. Enterby reaches for the nearest bottle labeled brake fluid and uses it on Florvan's car. Florvan picks up the “repaired” car and drives away. The brakes fail because of water in the lines; as a result, Florvan is unable to avoid hitting Garnett.