proximate cause


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Proximate Cause

An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.

Proximate cause is the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause.

To help determine the proximate cause of an injury in Negligence or other tort cases, courts have devised the "but for" or "sine qua non" rule, which considers whether the injury would not have occurred but for the defendant's negligent act. A finding that an injury would not have occurred but for a defendant's act establishes that the particular act or omission is the proximate cause of the harm, but it does not necessarily establish liability since a variety of other factors can come into play in tort actions.

Some jurisdictions apply the "substantial factor" formula to determine proximate cause. This rule considers whether the defendant's conduct was a substantial factor in producing the harm. If the act was a substantial factor in bringing about the damage, then the defendant will be held liable unless she can raise a sufficient defense to rebut the claims.

proximate cause

n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). 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. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter. (See: negligence, intervening cause)

proximate cause

noun causation, derivation, immediate legal basis, immediate legal cause, immediate legal genesis, proper cause, proximate causation, sufficient legal basis, sufficient legal causation, sufficient legal cause, sufficient legal factor, sufficient legal genesis, sufficient legal inducement, sufficient legal source
Associated concepts: contribution-efficient cause, contribuuory negligence, immediate cause, intervening cause, proximate consequence, proximate result
References in periodicals archive ?
207) Third, the court noted that courts have a great deal of experience applying proximate cause standards.
The key to the issue is the principle of proximate cause, which is the focus of both the enhanced injury doctrine and the comparative fault doctrine.
27) Many mistake the proximate cause analysis for being
If a preponderance of the evidence shows that (a) the Soldier deliberately engaged in misconduct or demonstrated willful negligence, and (b) this was the proximate cause of the injury, disease, or death, then he or she is not in the line-of-duty.
One court observed that "a number of courts have determined that Section 2259 contains something akin to a tort-like proximate cause requirement.
Adler, who argued the case for the appellees, says the decision "adds to a growing body of case law" affirming that directness--not just forseeability--is required in determining proximate cause.
The key inquiry in proximate cause analysis is whether the injury was foreseeable rather than remote.
The proximate cause theory holds felons accountable for any foreseeable deaths that occur during the commission or attempted commission of a felony.
The plaintiff still had to prove, however, what the applicable standard of care was, that the psychiatrist breached that standard, and that the breach was a proximate cause of the patient's injuries.
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2005), the proximate cause of mercury alkylation in oral microbial communities--which occurs in dental plaque--appears to be associated with the presence of some bacteria.
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