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 updated in July of 2024 by the Wex Definitions Team]