3. Problem for Class Discussion: Causation

John is helping his friend move into an apartment in New York City. While John is unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Dave the jogger. Dave was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Dave fell, he hit his head on the sidewalk. Dave died two weeks later from his head injury.

Suppose that New York law provides: Anyone who causes the death of another person shall be guilty of murder.

Would John be guilty of causing Dave’s death under this law? Should he be?

Would the window washer be guilty of causing Dave’s death under this law? Should he be?