cause-in-fact

Cause-in-fact, also referred to as factual causation or actual cause , is a legal concept used in tort law to establish a direct link between a defendant ’s actions and the plaintiff ’s harm. It is one of the elements to prove negligence . The basic idea is that the defendant’s conduct must be the actual cause of the plaintiff’s injury . The but-for test is commonly used to determine cause-in-fact. Under this test, the plaintiff must show that but for the defendant’s actions, the harm would not have occurred.

[Last reviewed in July of 2024 by the Wex Definitions Team ]

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