How to use the substantial factor jury instruction

The issue of causation seems like it should be easy: in every negligence case, the plaintiff must prove, “a causal connection between the defendant’s conduct and the resulting injury.”[1] Sometimes expert testimony may be required[2], but even then, the concept of connecting the defendant’s actions with the resulting damages seems like a simple proposition. However simple it seems, though, causation has never been a straightforward proposition. Setting aside the differences between legal causation and actual causation[3], a review of caselaw discussing Idaho’s form jury instruction on proximate cause shows how difficult and tangle this issue has become. Please click here to read the rest of this article which was published in the Idaho Association of Defense Counsel’s (IADC) newsletter.

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