The injury could not have happened if not for the at-fault party’s actions. Proximate cause occurs when the at-fault party’s actions occur in an unbroken, direct sequence of events, without the presence of a superseding cause, and causes your accident or injury directly. She sues the landlord Jim for … In this example, the insurer would have to show that Sally’s initial back injury at work was not a substantial … Information to Ask for During a Business Acquisition. A few months after moving in, the bathroom ceiling collapses on her, showering her with plaster, wood, snow, and ice. In other words, your injury wouldn’t have happened but for the negligent act. "@type": "Question", A superseding cause is an unforeseeable intervening cause. Since the unlikely act of piling snow on the roof couldn’t have been foreseen to cause an injury, it would likely be considered a superseding cause, and Jim would dodge liability. An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. A superseding cause occurs if another event happened during an accident that protects the at-fault party from being liable for the injuries you sustained during the event. (Get the basics on negligence in a personal injury case .) For example, suppose Margaret moves into a top-floor apartment. Professors throw these terms around as if they are household words. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. Another incident could interrupt the chain of events between one person’s negligence and another’s injury, potentially removing their liability. In addition to Kitter, which was used as an example above, another example of superseding intervening cause is Schultz v. Brogen. You can file a personal injury claim if you can establish the presence of proximate cause in your lawsuit.

However, after some investigation, it’s found that the collapse was actually due to some kids who’d sneaked up onto the roof and piled all the snow buildup over Margaret’s bathroom. In that case, one defendant had gone into a ditch, and another defendant pulled the car out, resulting in both vehicles facing east on the south side of the highway. ", This cause is unforeseeable and breaks the chain of proximate cause." Superseding Cause Superseding Cause; Superseding Cause Definition. Hart David Carson LLP has the experience needed to help you recover what you’re owed, so contact us to review your case. A superseding cause occurs if another event happened during an accident that protects the at-fault party from being liable for the injuries you sustained during the event. "text": "Proximate cause occurs when the at-fault party’s actions occur in an unbroken, direct sequence of events, without the presence of a superseding cause, and causes your accident or injury directly. This cause is unforeseeable and breaks the chain of proximate cause. Since the collision with Robert caused the highest degree of injury, Harold claims superseding cause in order to avoid injury. The Agreement supersedes all prior or contemporaneous negotiations, commitments, agreements, and writings, and expresses the entire agreement between the parties with respect to Executive’s employment by the Company, provided, however, the terms of any Benefit Plans will remain applicable to the particular Benefit Plan, except as expressly modified herein. Learn why they are important and how to use them on an exam. Example of an Intervening Superseding Cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. 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