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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 proximate cause. That involves this analysis of foreseeability, weighing societal interests and what society thinks from a liability standpoint who or who shouldn't be held liable for an accident," Desmond said.
that other doctrines, such as proximate cause, could limit the
However, it is a bit unsettled whether New York is following the efficient proximate cause test in determining whether to grant coverage.
The circuits that have addressed the matter since the decision in Empagran II have agreed that proximate cause is the proper standard.
A more important inquiry into causal connectivity is captured in the term "proximate cause," which is meant to prevent indeterminate hability.
conduct, it must be established that his conduct was a proximate cause
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 proximate cause, must accept the victim as he or she finds the victim.
These words are frustratingly familiar to any judge advocate faced with explaining the concept of "proximate cause" to IOs and commanders, who are often tempted to focus on negligence alone, and treat proximate causation as "obvious" or ignore it altogether.
[T]he Government is conflating the proximate cause requirement with the requirement that the victim be harmed as a result of [the defendant's] conduct.
The significance of fossils from the evolutionary point of view is crucial, which may provide solid information about clue of change in climate and proximate cause of its extinction.
"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 proximate cause analysis," Suhrheinrich wrote.
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 proximate cause of the child's handicaps.