Intervening Proximate Cause-Definition is a legal term used to describe a cause of an injury or harm that is not the fault of the original toreador (the person who caused the harm) but is instead the fault of another person or factor. It is a causal link between the original toreador and the injury or harm suffered by the plaintiff. The Effect-Burden of Proof refers to the burden of proof that must be met in order to prove that an intervening proximate cause exists. This burden of proof is typically set higher than the burden of proof in a negligence case, as an intervening proximate cause is difficult to prove. There are two types of Intervening Proximate Cause-Definition and Effect-Burden of Proof: 1) Direct Intervening Proximate Cause-Definition and Effect-Burden of Proof: This is when the intervening proximate cause is the direct result of the actions of the original toreador. This is the most common type of intervening proximate cause and the burden of proof is typically high. 2) Indirect Intervening Proximate Cause-Definition and Effect-Burden of Proof: This is when the intervening proximate cause is not the direct result of the actions of the original toreador, but is instead the result of an external factor. The burden of proof is typically lower than with a direct intervening proximate cause.
Intervening Proximate Cause-Definition and Effect-Burden of Proof
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If the fact finder (judge or jury) determines that something that happened after the defendant's act, but before the victim's injury is a dependent intervening cause, it can find that the defendant's act was the proximate cause of the victim's injuries (i.e., but for Ed pulling the victim into the car, she would not
In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause.
For example, if Ed pulls a woman into his car and tells her he is going to rape her, but she jumps out of the car and sustains serious injuries, her jumping out of the car is a dependent intervening cause (That a person threatened with rape would try to escape is foreseeable).
Proximate cause has been defined as "that cause which, in natural and con- tinuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred." 22 R. C. L.
The major difference between an intervening cause and a superseding cause is that a superseding cause may eliminate liability during a defense, whereas an intervening cause will not. It may, however, lessen the amount of responsibility but will not remove it altogether.
An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person, is known as an ?intervening cause.? The presence of an intervening
An example of an intervening cause is if an eyewitness to a car accident attempts to help a victim by lifting him or her out of the car but accidentally exacerbates the victim's injuries. In this example, the witness's intervention would be viewed as an intervening cause during a related personal injury claim.
An intervening cause is something that happens in between the defendant's actions and the accident, and causes the injuries. For example, an adult leaves a loaded gun on a table, where there are children playing nearby. One of the children picks up the gun and shoots and injures another child.