References in periodicals archive ?
Through an understanding of available options such as superseding cause, intervening force or a plaintiff's reckless conduct, retailers and their counsel may better assess potential risk regarding the products they sell and will be better prepared to defend themselves when facing an unanticipated product liability lawsuit.
The surgeon's action may be deemed a factual, a concurring, or a superseding cause.
Because highly reckless conduct is necessarily unforeseeable and outrageous and, therefore, the cause of the accident, the defendant must "show that the highly reckless conduct was the sole or superseding cause of the injuries sustained.
The defendants said that the "negligence" of the Superintendent constituted an independent intervening and superseding cause of the very losses he was complaining about, and that this should totally relieve them of liability for negligence.
The court went through, with specificity the circumstances wherein in a motor vehicular homicide case, an intervening cause is considered a superseding cause if it satisfies four elements: 1) Its harmful effects must have occurred after the original negligence; 2) It must not have been brought about by the original negligence; 3) It must have actively worked to bring about a result which would not otherwise have followed from the original negligence; and 4) it must not have been reasonably foreseeable by the original wrongdoer.
The superseding cause argument presents one of the more significant defenses to a product liability claim.
2] As the Third District Court itself put it in an earlier regime: "It is well-established that if the reasonable possibility of the intervention, criminal or otherwise, of a third party is the avoidable risk of harm which itself causes one to be deemed negligent, the occurrence of that very conduct cannot be a superseding cause of a subsequent misadventure.
The court said that even if the firm had negligently failed to see the return was filed on time, Kox's subsequent negligence in taking the full QTIP election, after he had left the firm, was the superseding cause of the trust's damages.
To establish a superseding cause, it must be shown that the criminal act was not reasonably foreseeable, it was highly extraordinary, and the conduct of the third party wa also highly extraordinary.
Superseding cause is "an act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about" (Re statement [Second] of Torts [section]440).