Restatement (Second) of Torts · Section § 432

Restatement (Second) of Torts § 432

Quick Answer

What does Restatement (Second) of Torts § 432 say?

An overview of the legal principles regarding the liability of a party for harm resulting from their actions under § 432.

Source: Restatement Restatement (Second) of Torts § § 432

Rule Text
A defendant is liable for a tortious act if such act is a substantial factor in bringing about the harm, regardless of whether other factors contributed to the result.
Plain Language

Section 432 establishes that a party can be held liable for harm caused by their actions even if other factors were also involved. The key criterion is whether the defendant's act played a substantial role in causing the harm.

Comments

Focuses on the substantial factor test for causation in tort law.

Clarifies the relationship between a defendant's conduct and the outcome, irrespective of intervening causes.

Illustrations

Illustration 1

If a driver speeds and collides with a pedestrian who is jaywalking, the driver's action is a substantial factor in causing the pedestrian's injuries.

Illustration 2

In a product liability case, if a faulty product causes harm but there was also negligence by a user, the manufacturer can still be liable if their product was a substantial factor in the injury.

Adopting Jurisdictions
CaliforniaNew YorkTexasIllinoisFlorida
Key Cases

Summers v. Tice

This case illustrates the application of the substantial factor test where both defendants contributed to the plaintiff's injury, emphasizing that either could be held liable.

Practical Significance

Section 432 is pivotal in tort law as it addresses complex causation issues, allowing courts to hold defendants accountable even when multiple factors lead to an injury. This enhances the ability of plaintiffs to seek remedy for harm caused by the tortious actions of others.

Related Sections
  • restatement-second-of-torts-section-431
  • restatement-second-of-torts-section-433

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