If you were injured in Florida because of someone else’s careless actions, you must prove causation to recover compensation. This article explains the concept of causation in simple terms, including how Florida law addresses actual and proximate cause, comparative fault, and intervening events.
What Is Causation?
In personal injury law, causation links the defendant’s conduct to the plaintiff’s injury. To hold someone liable, you must show that their actions were both the actual cause and the proximate cause of your harm.
Actual Cause
To test for actual cause, Florida courts typically apply the “but‑for” test. You must prove that your injury would not have occurred “but for” the defendant’s negligence. For example, if a driver ran a red light and collided with your vehicle, causing your injuries, the accident likely would not have happened but for the driver’s failure to stop.
Evidence such as traffic camera footage, eyewitness testimony, and police reports can demonstrate actual cause.
Proximate Cause
Proximate cause limits liability to those harms that were a foreseeable result of the defendant’s actions. Even if the defendant’s conduct was the actual cause, they are not liable for injuries that were too remote or unforeseeable.
When determining if proximate cause exists, Florida law typically asks whether the type of harm suffered was a reasonably predictable consequence of the defendant’s negligence.
For instance, if a driver speeds through a residential neighborhood and hits a pedestrian, the pedestrian’s injuries could be a foreseeable result of speeding. However, if the driver hits a fire hydrant, causing a water main to burst and flood a basement three blocks away, the property damage may be considered too remote to be attributed to the driver.
Intervening and Superseding Causes
An intervening cause is an event that occurs after the defendant’s negligent act and contributes to the injury. If the intervening event is foreseeable, the defendant may still be liable.
If it is unforeseeable and breaks the chain of causation, it may be considered a superseding cause that relieves the defendant of liability. For example, if a negligent driver causes a collision and, while waiting for police, an unrelated drunk driver crashes into the scene, causing further injury, the drunk driver’s actions may be a superseding cause.
Comparative Fault and Causation in Florida
Florida uses a modified comparative negligence system with a 50% bar. You can typically recover damages if you are 50% or less at fault for your injury. If you are found more than 50% responsible, you usually cannot recover any damages.
Under this rule, a victim’s percentage of responsibility reduces their recovery proportionally. For example, if you are 40% at fault and your damages are $100,000, you can likely recover $60,000.
Examples of Causation in Different Cases
Causation issues vary depending on the type of personal injury case:
Car Accidents
In car accidents, evidence may show that the defendant’s speeding or failure to yield caused the crash. However, if another driver’s later actions contributed to the accident, the court will examine whether that intervention was foreseeable.
Slip and Fall Incidents
In slip and fall cases, plaintiffs must show that a property owner’s failure to fix or warn about a hazardous condition directly caused the fall. If the hazard was obvious and the plaintiff ignored it, comparative fault may reduce the recovery.
Defective Products
In product liability cases, the plaintiff must demonstrate that a defective product caused the injury. Manufacturers may argue that misuse of the product broke the chain of causation.
Overcoming Defenses to Causation
Defendants frequently raise arguments to deny causation, such as claiming that another event caused the injury, the plaintiff’s pre‑existing condition is responsible for the harm, or the injury was not foreseeable.
To counter these defenses, it is crucial to show a clear, unbroken link between the defendant’s negligence and the injury. Medical testimony can help differentiate between pre‑existing conditions and injuries caused by the accident. Evidence of the defendant’s knowledge of the risk can establish foreseeability.
Importance of Causation in Settlement Negotiations
Strong evidence of causation strengthens your position during settlement negotiations. Insurance companies evaluate claims based on the likelihood that a plaintiff can prove the defendant’s actions caused the injuries. When liability and causation are clear, insurers are more likely to offer fair settlements.
Conversely, weak or disputed causation may lead to lower offers or a denial of the claim. Thorough preparation and evidence gathering increase your bargaining power.
Contact Our Delray Beach Personal Injury Lawyer at The Injury Law Firm, PA for a Free Consultation
To succeed in a Florida personal injury case, you must prove that the defendant’s negligence was both the actual and proximate cause of your injuries. Understanding how causation works—and how it interacts with comparative fault—is essential. Call (561) 800-4357 to contact our Delray Beach personal injury lawyers at The Injury Law Firm, PA for a free consultation about your case.