Determining Causation in Court

One of the primary tasks of personal injury lawyers serving the Riverside area is proving causation. This refers to whether the negligent actions taken by the defendant caused the plaintiff’s slip and fall injury. Watch this featured video to learn about two types of causation and how they might be proven in court.

“But for” causation indicates that, but for the defendant’s actions, the plaintiff would not have sustained the injury. For example, but for the defendant’s failure to clear the aisles of a store, the plaintiff would never have been in a trip and fall accident. Another type is substantial causation. This means that the injury might have occurred anyway, but the defendant’s actions substantially contributed to it. As an example, a hypothetical plaintiff with pre-existing knee pain files a personal injury lawsuit, claiming the defendant’s failure to clear the aisles of a store resulted in a fall that required knee replacement surgery. Since the plaintiff has a history of knee problems, he or she might have needed the surgery at some point anyway. However, the defendant’s actions substantially contributed to the worsening of the knee pain, which led to the surgery.

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