What Is the Legal Definition of ''Cause In Fact'' ?
In Texas, proximate cause involves two distinct elements: cause-in-fact and foreseeability. Coleman v. Equitable Real Estate Inv. Management, Inc., 971 S.W.2d 611, 616 (Tex. App.-Dallas 1998, pet. denied).
The term "cause-in-fact" contemplates that the defendant's negligent act or omission was a substantial factor in bringing about the plaintiff's injury and without it no harm would have occurred. Id.
Although proximate cause is typically a question of fact, the lack of it may be established as a matter of law where the circumstances are such that reasonable minds cannot arrive at a different conclusion. Id. at 617. Cause-in-fact is not shown if the defendant's negligence did no more than furnish a condition which made the injury possible. Doe v. Boys Clubs of Greater Dallas, Inc., 907 S.W.2d 472, 477 (Tex. 1995).