Foreseeability

Pronunciation: for-SEE-uh-BIL-uh-tee

Torts › Causation

Definition

Central concept in both duty and proximate cause analysis, limiting liability to foreseeable consequences and foreseeable plaintiffs. Under the Cardozo majority rule (Palsgraf v. Long Island Railroad, 1928), foreseeability operates at two levels: (1) duty — only foreseeable plaintiffs within the zone of danger are owed a duty; and (2) proximate cause — defendant is liable only for harms of a foreseeable type. Under the Andrews minority view (Palsgraf dissent), foreseeability limits only proximate cause, not duty. Unforeseeable manner of harm does not break causation if the type of harm was foreseeable. Eggshell plaintiff rule: defendant liable for full extent of harm even if severity was unforeseeable.

Related terms

• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…
• Intervening Cause — An event that occurs after the defendant's negligent act and contributes to the plaintiff's harm. A superseding intervening…
• Eggshell Plaintiff Rule — Defendant takes plaintiff as found and is liable for full extent of injuries even if severity unforeseeable due…

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