The mediator must be aware of the law relating to a chain of events which cause injury. Each fact situation must be carefully analyzed by the mediator in order to assess liability. Then the mediator will have a better understanding of the position of each party.
In chain collision accidents, the basic rule is that a driver who causes the initial accident is liable where his conduct sets in motion a chain of events resulting in injury down the line. It is enough that the resulting injury is within the “scope of risk” created by the original tortfeasor. For example, where one stops his car in the middle of a multi-lane highway, a reasonable person would have to conclude that such conduct creates a risk that other cars may collide as a result of trying to avoid hitting the stopped car.
In another fact pattern, a plaintiff was injured by a thief who stole a vehicle. The rental car company employee who negligently left the keys in the ignition could be liable for making the vehicle accessible to the thief. This set in motion the chain of events which led to plaintiff’s injury.
Where a bicyclist was killed when he swerved into traffic while avoiding a defect in the bicycle path, the county was held liable for negligently failing to maintain the bicycle path. Plaintiff’s own negligence does not abrogate the claim of causation arising from the first event; it may only be used as comparative defense. This rule also applies to the negligent installation of a burglar alarm (a home robbery was a foreseeable event that was not an intervening cause). However, one must be aware that there my be instances where the original negligence is remote; the injury was caused by a superceding cause.
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