Example: Why did the ship sink? Proximate cause refers to the first event, or first peril, in a series of events that cause damage in an insurance claim. The proximate cause itself may not do any direct damage. A crime or act of negligence that is so linked to the resulting injury that the law considers it the legal cause of the injury, even if the injury would not have happened but for some other event. It is sufficient if it combines with another cause … All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. It refers to the foreseeability of that injury taking place. Proximate cause "is that cause which in the natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury and without which the injury would not have occurred." Proximate cause is a question of foreseeability – where the result is a foreseeable result of the actions of the tortfeasor. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. Actual cause, also known as cause in fact, is straightforward. Translations . If someone’s actions are a remote cause of your injury, they are not a proximate cause. [It need not be the only cause, nor the last or nearest cause. An actual cause that is also legally sufficient to support liability. In tort law, the plaintiff must prove that the defendant’s conduct caused or … Proximate cause requires the plaintiff’s harm to be a reasonably foreseeable consequence of the defendant’s wrongful action. Proximate Cause; Proximate Cause. means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. The insurance policy may cover the proximate cause, but not the event that actually causes the damage, so the policy holder will not be reimbursed for his claim. proximate cause. All contents of the lawinsider.com excluding publicly sourced documents are Copyright © 2013-. Instead, it is an action that produced foreseeable consequences without intervention from anyone else. https://www.thefreedictionary.com/Proximate+cause, We may say, speaking somewhat roughly, that a stimulus applied to the nervous system, like a spark to dynamite, is able to take advantage of the stored energy in unstable equilibrium, and thus to produce movements out of proportion to the, The Alabama Supreme Court, however, has ruled that foreseeability alone is not a sufficient basis for liability and that a plaintiff must also prove by substantial evidence that the mental health professional breached the applicable standard of care and that this breach was a, Neighborhood Housing Services, the court noted that, in order to recover under the Scaffold Law, there must be some evidence that a violation of the law by the contractor or owner was the, Applying what it claimed were general tort principles and noting that there can be more than one, "Especially troubling is what I view as the majority giving petitioner a pass on the element of, It concluded that the claimant's violation of a known safety rule was the, On the dram-shop claim, the court decided as a matter of law that the claim failed on the element of, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Before liability can be imposed, plaintiff must show not only that a patient's suicide was foreseeable, but also establish the applicable standard of care, that the psychiatrist breached this standard, and that the breach was a proximate cause of the suicide, LL240: court validates 'recalcitrant workers' defense, The minority gets it right: the Florida Supreme Court reinvigorates the crashworthiness doctrine in D'Amario v. Ford, Landlord's security promises opened door to lawsuit, The legal principles in lost profits cases, Part 2, Admission of safety violation forecloses recovery, Police probing death of Pangasinan boy allegedly mauled by playmates, Proximate, Unforeseeable, and Remote Cause, A cause which immediately precedes and produces the effect, as distinguished from the. 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. A few circumstance… But even if you’re geared with a legal definition of proximate cause, it doesn’t make understanding this complex Arizona law any easier. It is an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor. (For example, but for running the red light, the collisionwould not have occurred.) For instance, a violent outburst may have a proximate cause of being insulted, but the remote cause may be hidden anger from a similar event early in the respondent's life. Proximate cause has two elements: cause in fact and foreseeability. . It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. "(11) This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. The proximate cause is essentially that initial event that triggered the claim and need not be the event that immediately preceded the loss. See under Proximate. Learn more. In other wor… When I use the expression “proximate cause,” I mean a cause that, in the natural or ordinary course of events, produced the plaintiff's injury. Proximate cause means a cause that was a substantial factor in bringing about an [injury] [occurrence] [injury] [occurrence or injury], and without which cause such [injury] [occurrence] [injury] [occurrence or injury] would not have occurred. 1: next immediately preceding or following (as in a chain of causation, events, or effects) : being or leading to a particular especially foreseeable result without intervention — see also proximate cause at … Proximate Cause — (1) The cause having the most significant impact in bringing about the loss under a first-party property insurance policy, when two or more independent perils operate at the same time (i.e., concurrently) to produce a loss. Related Terms: Causa Proxima Et Non Remota Spectatur. In every tort, a plaintiff must prove that the defendant was not only the actual cause of the injury, but also the proximate cause of the injury. 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