Also known as: general cause · general causality
Written by attorneys · grounded in primary & secondary sources — see below
A component of factual causation in toxic tort and products liability cases. It consists of a substance's capacity to cause the type of injury or disease at issue in the general population.
Gabriella Gomez visited a clinic after developing persistent coughing and skin rashes. She told the physician that the symptoms began shortly after fumes from a nearby waste plant started drifting over her yard. The physician later testified to those statements at trial in her suit against the plant operator. The court admitted the testimony because the description of symptoms and their general cause was reasonably pertinent to diagnosis and treatment.
Genevieve Gardner sued Baxter Healthcare after developing autoimmune symptoms she attributed to silicone breast implants. Her experts presented animal studies and clinical case reports showing the implants could trigger similar immune responses in the population at large. The court accepted this evidence as sufficient to establish general causation even without large-scale epidemiological studies.
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Giselle Guerrero sued American Tobacco after developing lung cancer. Her experts relied on multiple studies showing that nicotine exposure increases the incidence of lung cancer across exposed populations. The court treated the studies as proof of general causation while requiring separate evidence that the product caused her individual cancer.
Guillermo Guzman sued Bloomfield Motors after a steering failure caused his accident. Experts testified that the manufacturing defect in the steering mechanism was capable of producing sudden loss of control in vehicles of that model. The court accepted the testimony as establishing general causation before turning to whether the defect caused the specific crash.
General causation asks whether a substance is capable of causing the type of disease or injury at issue in the population. Specific causation asks whether the substance actually caused the plaintiff's own condition. Courts normally require both elements in toxic tort cases.
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Epidemiological studies are frequently used to prove general causation in toxic tort cases. Courts admit careful studies showing a statistical increase in disease incidence after exposure, though they may also consider animal studies, clinical reports, and other evidence.
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In toxic substance cases, plaintiffs must ordinarily prove both general causation and specific causation. General causation establishes that the product is capable of causing the injury type before the court reaches whether it caused the plaintiff's particular harm.
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Strong evidence of general causation, combined with proof of exposure, may allow a jury to infer specific causation even without direct evidence linking the substance to the plaintiff's individual disease.
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…“vibrator” would be sufficient to state a claim for relief. It said that such a car is not an uncommon one in the industry. The general cause of the vibration is not known. Some part or parts have been either defectively manufactured or improperly assembled in the construction and manufacture of the automobile. In the operation…