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Фото: U.S. Army / Capt. Adan Cazarez / Handout / Reuters
As just discussed, the proximate cause determination in negligence is sensitive to a defendant’s level of culpability in performing the action that injured the plaintiff. Similarly, and even more obviously, the defendant’s level of culpability determines whether the plaintiff whom he has injured can exact punitive damages from him. In both ways, the law takes cognizance of the defendant’s holistic culpability, rather than his culpability as toward the plaintiff. It is difficult to square these doctrinal phenomena, therefore, with the Palsgraf perspective’s insistence that a defendant’s liability to a plaintiff must turn entirely on his mistreatment of her.