Causal Comparisons

Strassfeld, Robert N.

Journal: Fordham Law Review

Volume: 60

First Page: 913

Year: 1992

Bluebook Citation: 60 FORDHAM L. REV. 913 (1992)

Author: Robert N. Strassfeld: all 14 publications


Abstract

Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.

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