What is the test for determining whether a person can be held liable for a result directly caused by their actions?

California, United States of America


The following excerpt is from Zemek v. Superior Court of Riverside Cnty., 257 Cal.Rptr.3d 729, 44 Cal.App.5th 535 (Cal. App. 2020):

abnormal occurrence, which rises to the level of an exonerating, superseding cause." [Citation.] On the other hand, a "dependent" intervening cause will not relieve the defendant of criminal liability. "A defendant may be criminally liable for a result directly caused by his act even if there is another contributing cause. If an intervening cause is a normal and reasonably foreseeable result of defendant's original act the intervening act is dependent and not a superseding cause, and will not relieve defendant of liability. [Citation.] [ ] The consequence need not have been a strong probability; a possible consequence which might reasonably have been contemplated is enough. [ ] The precise consequence need not have been foreseen; it is enough that the defendant should have foreseen the possibility of some harm of the kind which might result from his act. [Citation.]" [Citation.] [Citations.]" ( People v. Cervantes, supra , 26 Cal.4th at p. 871, 111 Cal.Rptr.2d 148, 29 P.3d 225.)

" [T]here is no bright line demarcating a legally sufficient proximate cause from one that is too remote. Ordinarily the question will be for the jury, though in some instances undisputed evidence may reveal a cause so remote that a court may properly decide that no rational trier of fact could find the needed nexus. [Citation.]" ( People v. Brady, supra , 129 Cal.App.4th at pp. 1325-1326, 29 Cal.Rptr.3d 286.)

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