Concurring Proximate Causes-Liability-General Verdict is a legal doctrine that states that when two or more causes of harm can be identified, and either one of them could have caused the plaintiff’s injury, the defendant is liable for the injury. This doctrine is based on the notion that the defendant’s conduct was a proximate cause of the injury, and that the two causes worked together to create an injury that would not have occurred but for the combination of both causes. There are two types of Concurring Proximate Causes-Liability-General Verdict: contributory negligence and superseding proximate cause. In a contributory negligence situation, the plaintiff’s own negligence contributes to his injury, and the defendant is liable for the injury if his negligence was the proximate cause. In a superseding proximate cause situation, the defendant’s negligence overpowers the plaintiff’s negligence, and the defendant is liable for the injury even if the plaintiff’s negligence contributed to the injury. In a general verdict, a jury decides whether the defendant is liable for the injury based on the evidence presented.
Concurring Proximate Causes-Liability-General Verdict
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FAQ
The jury instruction explained foreseeability of harm, a standard for determining ?whether a physician has exercised reasonable care in understanding or determining the existence of a risk of harm associated with a particular course of treatment,? Chief Justice Maureen O'Connor wrote in the court's majority opinion.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
There are several competing theories of proximate cause (see Other factors). 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. The formal Latin term for "but for" (cause-in-fact) causation, is sine qua non causation.
Foreseeability falls to be determined before the issue of causation is addressed. A claimant will only recover damages in circumstances where she can show that the damage is a reasonably foreseeable consequence of the practitioner's breach of duty.
There are four elements of negligence you must establish to recover compensation in a personal injury claim based on the theory of negligence: duty of care, breach of duty of care, causation and the existence of damages.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence unbroken by any superseding cause, produces the injury event complained of and without which such injury event would not have happened.
The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.