What is Cause in fact?

Cause in fact, also known as actual causation or but-for causation, is a legal concept that refers to the actual and direct connection between an individual's actions and a resulting harm or injury. It is a fundamental element in establishing liability in tort law and is used to determine whether a defendant's conduct was a substantial factor in bringing about the plaintiff's damages.

To determine cause in fact, courts typically apply the "but-for" test. According to this test, the defendant's actions are considered to be the cause in fact of the plaintiff's harm if the harm would not have occurred but for the defendant's actions. In other words, if the defendant's actions were removed from the scenario, the harm would not have happened.

For example, consider a case where a driver runs a red light and collides with another car, resulting in injuries to the passengers of the other car. In this case, the driver's actions (running the red light) would be considered the cause in fact of the passengers' injuries because the injuries would not have occurred if the driver had obeyed the traffic signal.

It's important to note that cause in fact focuses solely on the factual connection between the defendant's actions and the harm, without considering any intervening factors or the defendant's intent. Establishing cause in fact is a necessary but not sufficient condition for holding a defendant liable; additional elements, such as duty of care and breach of duty, must also be proven to establish legal liability.