1.30 Proximate Cause

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US-JURY-7THCIR-1-30
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
1.30 Proximate Cause is an element of tort law which establishes the necessary causal connection between a defendant's conduct and the plaintiff's injury. It is also known as "the cause-in-fact" and is a requirement for the plaintiff to prove in order to recover damages. Proximate Cause is generally determined by asking whether the defendant's actions were a substantial factor in bringing about the plaintiff's injury, and whether the injury would have occurred without the defendant's action. There are two types of Proximate Cause: direct cause and proximate cause. Direct cause is a situation where the defendant's action was the direct cause of the plaintiff's injury. Proximate cause is a situation where the defendant's action was a substantial factor in bringing about the plaintiff's injury, although not necessarily the direct cause.

1.30 Proximate Cause is an element of tort law which establishes the necessary causal connection between a defendant's conduct and the plaintiff's injury. It is also known as "the cause-in-fact" and is a requirement for the plaintiff to prove in order to recover damages. Proximate Cause is generally determined by asking whether the defendant's actions were a substantial factor in bringing about the plaintiff's injury, and whether the injury would have occurred without the defendant's action. There are two types of Proximate Cause: direct cause and proximate cause. Direct cause is a situation where the defendant's action was the direct cause of the plaintiff's injury. Proximate cause is a situation where the defendant's action was a substantial factor in bringing about the plaintiff's injury, although not necessarily the direct cause.

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FAQ

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.

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.

Terms in this set (21) Proximate Cause. the legal cause. -reasonably close connection between Defendant's negligence and the Plaintiff's injury. -reasonably foreseeable, likely consequence, not too unusual.

Answer and Explanation: Which of the following statements describes a proximate cause? Proximate causes are those immediately responsible for an event.

The term proximate cause refers to the nearest cause leading to the loss. It is the direct cause of a loss event. The principle of proximate cause is the cause that is primary to the occurred event. It could also be the most significant incident which cascades into the loss event.

Actual cause exists when the defendant's actions are the direct, factual cause of the plaintiff's injuries. In contrast, proximate cause exists when the defendant's conduct was so closely connected to the plaintiff's injuries that the defendant should be held liable.

Proximate cause, or legal cause, is an underlying cause of an accident. For example, if a truck driver swerves and hits a car, the driver is the actual cause of the accident. But if they moved to avoid a bicyclist riding on the road, the bicyclist's unsafe driving might be the proximate cause.

A proximate cause is any event that is sufficiently related to an injury that the courts deem it the type of injury that is reasonably foreseeable from the harmful conduct. Proximate cause means legal cause or one that the law recognizes as the primary cause of the injury.

More info

Professor Richard Epstein discusses different scenarios of proximate causation. Proximate cause is also called legal cause.It refers to a primary cause or an incident that set everything in motion. Although many actual causes can exist for an injury (e.g. Something which is either carelessly or intentionally caused and results in someone's injuries or distress. Proximate cause means "legal cause," or one that the law recognizes as the primary cause of the injury. In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury.

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1.30 Proximate Cause