Practice question
A defect is present at a location but is proved to have played no role in the claimant’s injury, which occurred through a wholly separate mechanism. Does mere presence establish proximate causation?
- Yes, any defect nearby is causal
- Only if the location is public
- Only if the claimant is upset
- No, the actual injury-producing connection must be established
- Yes, every defect proves all later harm
Legal references
- Civil Code, Article 2176: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
Answer this question in flashcards to review your response and continue practicing.