22) The court held that the evidence was inadmissible, holding that comparative fault should not be assessed in a crashworthiness case unless it is shown to be a proximate cause of the enhanced injury.
The court focused on the proximate cause issue, finding that it was foreseeable to an initial tortfeasor that equipment in a vehicle may malfunction and cause further injuries.
65) answering a certified question from the United States District Court, the Indiana Supreme Court ruled that, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact must apportion fault to the person suffering physical harm when that alleged fault is a proximate cause of the harm for which damages are being sought.
Despite the terminology, proximate cause is not about causation at
26) The proximate cause analysis, or, contemplating the
27) Many mistake the proximate cause analysis for being
Because a plaintiff is allowed to recover from any person or entity-whose actions constitute a proximate cause
of the damages sustained, that plaintiff should be allowed to introduce evidence of each such cause.
Or, as two commentators put it: "[R]efusing to allow comparison of a plaintiff's negligent conduct foists extraordinary hardships on enhanced injury defendants who are singled out among tortfeasors for discriminatory application of proximate cause and comparative fault principles.
17) At bottom, the minority view maintains that the cause of the first collision cannot--as a matter of law--be a proximate cause of enhanced injuries.
Addressing a proximate cause
, such as replacing the glass face on the meter, would not prevent the deficiency from reoccurring.
The imposition of social host liability lacks the direct causal connection required to create proximate cause between the conduct of the social host and the injury caused by or incurred by the guest.
Courts and states, in the interest of public policy, have shifted this responsibility and attributed proximate cause to the furnishing of alcohol, rather than its consumption.