Mark Geistfeld, ‘Proximate Cause Untangled’

The many facets of tort liability are filtered through the requirement of proximate cause, which has made the element confusing and the source of considerable controversy. Is proximate cause properly determined by the directness test or the foreseeability test, each of which has been both widely adopted and roundly criticized? Is there any defensible conception of a direct cause? Is foreseeability an adequately determinate method for limiting liability? If so, is foreseeability relevant to duty, to proximate cause, or to both elements? Disagreement about all these matters stems from the failure to fully untangle the role of proximate cause across all elements of the tort claim …

Geistfeld, Mark, Proximate Cause Untangled (August 25, 2021). 80 Maryland Law Review 420 (2021), NYU School of Law, Public Law Research Paper forthcoming.

First posted 2021-08-28 18:00:29

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