Causation Issue Causes Idaho Personal Injury Victim to Lose Case
One of the basic elements of every negligence case is “causation.” In other words, in order for an injury plaintiff to prevail against a defendant and obtain a monetary judgment from the defendant, the injury plaintiff must prove that the defendant’s careless behavior caused the victim’s injuries. If the plaintiff is not able to show that his or her injuries would not have occurred but for the defendant’s actions, then the plaintiff’s personal injury lawsuit will fail.
Trampoline House Not the Cause of Plaintiff’s Injuries
In Idaho, a teen suffered spine and neck injuries after attempting a “triple front flip” on trampolines at JumpTime Meridian, an Idaho business. The teen filed suit against JumpTime, alleging that the business failed to properly supervise him and prevent him from attempting the risky maneuver. JumpTime filed for summary judgment, alleging that the teen failed to show that their failure to supervise the teen led to his decision to try the triple flip. The Idaho Supreme Court agreed with JumpTime and dismissed the teen’s lawsuit.
Showing Causation in Your Catastrophic Injury Case
Causation is equally as important in your California personal injury lawsuit. In establishing causation, you will need to present evidence and/or testimony that the defendant’s careless or reckless behavior is what led to your injuries. If there are too many intervening causes between the defendant’s behavior and your injuries, your attempt to prove causation will fail. In the case of the teen’s injuries at JumpTime, some of the intervening causes could have been:
- The teen’s failure to read or obey posted safety signs;
- The teen’s decision not to tell JumpTime staff of the move he was going to attempt;
- The teen’s decision to attempt a risky jump;
- The teen’s decision to attempt to land on his back rather than his “feet or seat,” as recommended by JumpTime.
Any one of these facts could have been considered to be an intervening cause because “but for” any one of these causes, the teen would not have been injured in the manner in which he was. However, the same could not be said for JumpTime’s negligence – even assuming JumpTime had a duty to supervise the teen and they failed to perform that duty, it could not be said that this caused the teen to attempt a triple front flip jump and thereby injure himself.
Seek Help from a California Personal Injury Attorney
Causation can be a troublesome concept, but your experienced personal injury attorneys at Heiting & Irwin are prepared to help you prove this and the other essential elements of your case. Even where there may be other factors present in your case, our experienced and talented legal team will be able to provide you with accurate and helpful advice about your legal rights and your ability to recover compensation for your injuries. Contact Heiting & Irwin at (951) 682-6400 or by using the firm’s online contact form.