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Legal Cause of Death?
Was it the cause-in-fact? (but for test; objective)
*Concurring causes are both cause-in-facts*
NO YES
-NOT cause Was it Prox. cause? (must be forseeable)
NO
YES Not cause
Was there an intervening
human actor?
NO – Then defendant is
YES legal cause.
Was IHA’s mr higher, equal, or less than defendant?
Higher mr- Equal mr Lower mr
Breaks causal chain -Cases are split -Does NOT breack causal chain
Def. NOT LEGAL CAUSE on if it breaks chain -Defendant is legal cause
Unless: I is insane, I acting
under duty/duress, I acting
b/c of emergency created by
defendenant. Then IHA can’t break chain
*Exceptions*
1) Stephenson rule: If defendant caused mental irresponsibility through UNLAWFUL act;
suicide resulted; then DEFENDANT IS CAUSE of death.
2) Coincidental intervening cause breaks chain. Defendant is not legal cause of death.
3) Responsive intervening act: Defendant is still responsible for a foreseeable resulting act, like
medical care, except when medical care is GROSSLY negligent or reckless. This would
supercede defendant’s casual responsibility.
