superseding cause

superseding cause

n. the same as an "intervening cause," or "supervening cause," which is an event which occurs after the initial act leading to an accident, and substantially causes the accident. The superseding cause relieves from responsibility (liability) the party whose act started the series of events which led to the accident, since the original negligence is no longer the proximate cause. (See: intervening cause, proximate cause)

References in periodicals archive ?
Blake added Foster Wheeler cannot argue at trial that Bethlehem Steel's inaction was a superseding cause of Morris' disease because Bethlehem Steel must have known of asbestos' potential danger but did not warn him.
Where the jury returned a defense verdict in this medical malpractice case, plaintiff's motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert's testimony was properly admitted, and defense counsel's statements during closing argument were not misleading or highly prejudicial.
A&R raised the following arguments: (1) the lease agreement between A&R and SA&R for the tractor provided that SA&R would have exclusive possession, control, and use of the equipment and assume complete responsibility for it; (2) in the alternative, Sanan's and SA&R's failure to inspect was an intervening, superseding cause of the accident; and (3) there was no joint venture between SA&R and A&R.
Alternatively, the judges could refrain from sentencing unrepresented defendants to jail, thereby avoiding a constitutional violation.<br />But according to the district court, those arguments imply that a judge's decision to violate the constitution is a superseding cause of the violation that relieves the municipalities of liability.
The Boston attorney said he was confident his clients would prevail on the statute of limitations issue given that the case is still in its early stages.<br />"The statute would not have run until [David Valchuis] became aware of the potential for appreciable harm, which wasn't until September 2015, which was well within the statute of limitations," Suny said.<br />Suny declined to speculate on how the issue of superseding cause would play out as the case progresses.<br />"There's pretty clear liability here," Suny said.
The trial court added that the plaintiffs' admitted failure to read their Travelers policy was "not a superseding cause" precluding Alliance's liability as a matter of law, explaining that, in the absence of any showing that an insured was aware of the discrepancy between the coverage it claimed to have requested and that actually obtained by the insurance broker, the insured had "a right to rely upon the [broker's] presumed obedience to his or her instructions."
It argued that the Navy's decision to deploy Plaintiffs near the FNPP was a superseding cause of Plaintiffs' injuries, and that Plaintiffs, accordingly, could not prove their claims without asking the court to review nonjusticiable military decisions.
A seller can also take advantage of the superseding cause defense, which is based on an act of a third person or other force that prevents the actor from being liable for harm.
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."
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 Pennsylvania court cited many other state supreme court opinions that refer to product misuse as an affirmative defense similar to highly reckless conduct.
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.