the element that should -with analysis-begin to unwind this tangle mess of facts is: Foreseeability. And of course there is another legal concept namely superseding liability meaning a person or entity may be negligent but another's conduct may supersede the original persons negligence again based on the concept of forseeability.
Keep in mind when were discussing "liability" we're not discussing who goes to jail but rather who is civilally responsible and to whom.
Here is an actual case in which the issue was which state had proper jurisdiction to try a wrongful death case. My first really big case: here it is-Couple in Georgia split the sheets. She move to California. He wants to get back together. He leaves Georgia driving an old car with his two children. He crosses the southern states and into Texas. A large 16 wheel truck from Montana is crossing the Texas plains going on the same highway but in the opposite direction. A farmer pours too much gas on wheat and starts an enormous fire that spreads across the major highway both vehicles are traveling. Truckdriver can't see through the smoke and causes a head on collision killing the young father and both his kids. The impact is so severe it causes a fire that spreads throughout the plains that can't be put out for two weeks. Mother-now living in California comes to me and I file a lawsuit for wrongful death in L.A County Superior Court. I name everyone hoping to straighten things out later.. Q: did I file the lawuit in the proper jurisdiction ?. This became a heated debate for almost one year in court between the owner of the truck in Montana and the farm corporation in Texas and me. One thing I learned -this ain't easy and it ain't as simple as ambulance chasing.
