Mississippi Jury Instruction - Proximate Cause - Negligence
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FAQ
Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed as a result of an insured peril.The important point to note is that the proximate cause is the nearest cause and not a remote cause.
For example, if a texting driver strikes a motorcyclist, the driver's actions caused the accident. Proximate cause, however, has to be determined by law as the primary cause of injury. So, without the proximate cause the injury would not exist.
Among the elements that the plaintiff suing for negligence will have to prove is that the defendant's violation of a duty was the actual and proximate cause of his or her injuries.Proximate cause means legal cause, or one that the law recognizes as the primary cause of the injury.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
There are two components of proximate cause: actual cause (which answers the question of who was the cause in fact of the harm or other loss) and legal cause (which answers the question of whether the harm or other loss was the foreseeable consequence of the original risk).
In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury.Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.
There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened.For an act to be deemed to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact.
Causation is generally a question of fact for the jury. (Hoyem v.It is also a question of fact when the issue is whether the defendant's negligence was a substantial factor in causing injuries inflicted during a criminal attack by a third party.
The question of proximate cause in most tort cases is to be resolved by the jury. The jury is the finder of fact. The jury is called upon to decide whether the negligent conduct was a near cause. If the jury answers that question with a Yes then the plaintiff wins.