A driver, while texting on her phone, swerved off the road and collided with a utility pole, causing a power outage in the surrounding neighborhood. As a result of the power outage, a local restaurant's refrigeration unit failed, spoiling all of its perishable food items, valued at $2,000. The restaurant sued the driver for the lost food. Which element of negligence is most likely to be a challenge for the restaurant to prove?
- ADuty of care, as the driver did not owe a direct duty to the restaurant.
- BBreach of duty, as texting while driving is clearly negligent.
- CProximate causation, as the spoilage of food might be considered an unforeseeable consequence of hitting a utility pole.
- DActual causation (but-for), as the power outage directly caused the spoilage.
Show answer & explanationAnswer & explanation
Correct answer: C. Proximate causation, as the spoilage of food might be considered an unforeseeable consequence of hitting a utility pole.
While the driver's actions were negligent and factually caused the damage, the spoilage of a restaurant's food due to a power outage from hitting a pole might be considered an unforeseeable consequence, breaking the chain of proximate causation. Proximate causation limits liability to harms that are reasonably foreseeable consequences of the defendant's negligent act.
Why the other options are wrong
- A. Drivers owe a duty of care to all foreseeable plaintiffs, which includes those who might be harmed by a power outage caused by hitting a utility pole.
- B. Texting while driving is a clear breach of the duty of reasonable care.
- D. But-for the driver hitting the pole, causing the outage, the food would not have spoiled. Actual causation is easily met.
Proximate Causation (Foreseeability)
The legal cause of an injury, limiting a defendant's liability to harms that are reasonably foreseeable consequences of their negligent act, and not too remote or attenuated.
- Limits liability for factual cause.
- Based on foreseeability of the type of harm.
- Direct cause vs. indirect cause scenarios.
- Superseding intervening causes can break the chain of proximate causation.
Memory trick: Actual Cause (But-For), Proximate Cause (Foreseeable): Two Links in the Chain.