Negligence liability requires proving both causation and foreseeability of the injury.

Evidence

In the final scenario, no company that produced DES would be held liable because none could be proven to have produced the DES that injured the daughters. The plaintiffs would also have had to prove that the companies either knew of, or should have foreseen, the carcinogenic properties of DES, because under a negligence standard one is liable for injuries one causes only if those injuries are foreseeable and preventable. — G. Alan Tarr, Judicial Process and Judicial…, 3444

Categorization

• DEFINE: States the negligence standard’s two elements: causation plus foreseeability and preventability.
• XREF: Points forward to market-share liability, the doctrine courts later devised to solve the unidentified-manufacturer problem in DES cases.