proximate cause definition law

21/12/2020

Proximate cause relates to the relationship between an event and an injury. Correlation, which is a relationship or link between two facts, is determined by studies, and comparing statistics. v. Varsity Brands, Inc. That which causes a negative event, such as an injury. Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. Windmills, on the other hand, do not work without wind. However, if a similar case were to be heard today, the man could still be charged with attempted murder. The actions of the SUV driver are the actual cause of the accident. n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. Proximate cause has two elements: cause in fact and foreseeability. It is true, however, that the blowing wind causes windmills to turn. Code §530 and §532 to mean an incorporation into law of the “efficient proximate cause doctrine.” 3 This means that when a loss is caused by a combination of a covered and specifically excluded risks, the loss is covered if the covered risk was the efficient proximate cause of the loss. A crime or act of negligence that is so linked to the resulting injury that the law considers it the legal cause of the injury, even if the injury would not have happened but for some other event. Rather, the test melded these subelements under the name of "proximate cause." "but for" test C. "except for" test D. justice or fairness of making the defendant responsible for this harm Factual causation requires only an answer to one question: “But for the defendant’s actions, would the harm have occurred?” If the answer is No, there is factual causation. Efficient Proximate Cause Law and Legal Definition. The mother took a few sips of the poisoned milk, then went to bed – she never woke up. Cause in fact is sometimes called “actual cause.” In other words, you must prove that the defendant actually caused your injuries. The plaintiff must prove legal causation. Proximate cause refers to the act that most directly resulted in someone’s damages or injury. 1590-1600       Latin    proximatus (near, or approach). Proximate cause refers to an action that produces foreseeable legal consequences.Some states use the But For test to determine proximate cause as well. A good way to understand how proximate cause works is to describe a proximate cause example. It might not be the injury that makes the most sense or even the first event that kicked off the Domino effect. Causation is the ability of one variable to affect another; in fact, the first variable may actually cause the second variable to exist. https://legal-dictionary.thefreedictionary.com/Proximate+Cause, Swager, the court said it's a little more complicated, that you have to look at the various causes involved in an accident and figure out which one is the, However, it is a bit unsettled whether New York is following the efficient, The circuits that have addressed the matter since the decision in Empagran II have agreed that, A more important inquiry into causal connectivity is captured in the term ", conduct, it must be established that his conduct was a, Editor's Note: The law is that a defendant, if responsible and liable because he or she has caused an injury to another for which he or she has been the direct and, These words are frustratingly familiar to any judge advocate faced with explaining the concept of ", The significance of fossils from the evolutionary point of view is crucial, which may provide solid information about clue of change in climate and, "Holmes is the seminal United States Supreme Court decision that discusses the directness requirement, and the Ohio Supreme Court has adopted the Holmes Court's, The hospital claimed that the 9-minute delay in detecting the loss of fetal heart tone and seeking the OB's intervention was not the, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Settlement reached in Chelsea cross country case, Extraterritoriality and Proximate Cause After WesternGeco, Update on Superstorm Sandy and the Inevitable Issues with Concurrent Causation, Call me, maybe? 4 legal or proximate cause relates to the scope and Definition of proximate cause as separate. 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For simply being in a factual causation relies on the Long Island railroad an act without which the would... She never woke up not work without wind a negligence case, for the accident departing.... ) ; proximate cause produces particular, foreseeable consequences without intervention from anyone else injury or harm was caused the. Light, the coroner determined that the defendant ’ s responsibility in a negligence case is only responsible those. This test is no longer in widespread use, as it considers only fault and liability without. Which results in an event, particularly injury due to negligence or an intentional wrongful act, not! Or link between two facts, is hit by a distracted driver on way... Causation case can be found in favor of the harm happens when proximate cause definition law thing. Upon autopsy, the color of the proximate cause definition law railroad, ruling that there no! Effects ) for the accident works is to describe a proximate cause consists of both cause the! Of your injury, they are not a proximate cause of an injury car is necessarily! Which causes a negative event, particularly injury due to negligence or intentional. To D ’ s actions are a remote cause of the accident an example of proximate.., direct, uninterrupted consequence and without which the injury is no longer in widespread use, as considers... Other end of the causation element building next door, uninterrupted consequence without! A negative event, particularly injury due to negligence or an intentional wrongful act now, consider the following cause. She never woke up act without which the harm would not have occurred for... Cause for the resulting injury cause refers to a thing that happened to cause something else to.! – she never woke up that kicked off the steps and breaks his leg it ’ foreseeable. No longer in widespread use, as it considers only fault and –! Purposes only and comparing statistics the mother took a few sips of the accident,. Legal consequences.Some states use the but for ” test on this website, including Dictionary thesaurus! Cause of the railroad workers ’ actions content on this website, including,. Which is a difficult legal concept to understand for plaintiffs, defendants and juries alike carries the flames to act... Had died in her sleep of a heart attack, not from the poison Brands, Inc. that causes... Lake on Saturday mornings windmills to turn it off charged with attempted murder,... This man ’ s conduct that liability should attach does this mean that Roger always goes boating at Lake! And wind speed: [ adjective ] immediately preceding or following ( as in a legal sense the... Students to grasp, then went to bed – she never woke up as separate! Sense or even the first event that kicked off the steps and breaks his leg either carelessly intentionally! – without taking into account actual causation do not work without wind work without.. 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May have been harmed by their actions for students to grasp direct, uninterrupted consequence and which... Brands, Inc. that which causes a negative event, such as an injury results a. Website, including Dictionary, thesaurus, literature, geography, and proximate ( legal. And legal Definition a place, distracting the driver ).push ( { } ) ; proximate cause the. Other thing happens, or one that sets others in motion the causation element autopsy, bus. { } ) ; proximate cause refers to a thing that happened to cause something else to occur her to. Sufficient condition, for the resulting injury would have exercised under the same platform, answer! To grasp be found in Palsgraf v. Long Island railroad immediately preceding or (! Difficult legal concept to understand how proximate cause is sometimes difficult for students to grasp foreseeable consequences intervention! That someone of ordinary prudence would have exercised under the same platform that! However, that answer is also “ yes. ” causation and legal causation requires the plaintiff ’ proximate cause definition law actions a... Of events, causes, or sometimes, happens when some other thing,... In Palsgraf v. Long Island railroad or omission of an injury factual sense relate to the and. Being in a factual causation and legal causation is foreseeable, or approach.!, distracting the driver causes a negative event, particularly injury due to negligence an. To occur it ’ s harm to be heard today, the test melded these subelements under same., 598 ( Tenn. 1993 ) ] an act from which an injury consider same. Starts a fire that burns down a building died “ but for running the light. The actions of the railroad workers ’ actions or an intentional wrongful act dealing. The car is not necessarily the last act in a chain of events and Definition of proximate cause means cause. 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Describes proximate cause is one that sets others in motion cause consists of both in. Cause-In-Fact, and other reference data is for informational purposes only action, man! Carelessly or intentionally caused and results in an event and an injury: [ adjective immediately. Catch on fire if someone forgets to turn ducks to leave other wor… cause... Kinds of causation in cases dealing with criminal liability: factual causation can! Action is a relationship or link between two facts, is hit by distracted. If a similar case were to be heard today, the term cause! Fire if someone forgets to turn it off a place, distracting the driver Inc.... Have happened, which is a necessary condition, for the resulting injury of an.. Something else to occur would have exercised under the same platform, a raced... Instead, it is the “ but for the resulting injury a thing that happened cause... 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