... • “ ‘Third party negligence which is the immediate cause of an injury may be. The test for proximate cause is to determine whether the defendant’s actions were a substantial factor in causing the harm. This Comment is brought to you for free and open access by the Law Journals at UKnowledge. superseding cause An act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a … But understanding who may be held liable can be complex. Most personal injury actions in South Carolina sound in negligence. During a thunder storm, the horse is spooked, and runs through the damaged section, breaking his leg so severely that he has to be put down. 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. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. Other jurisdictions do not use the term superseding cause. Posted Friday, April 20, 2018 by Chris Thayer In July 2011, a Washington neurosurgeon named Michael Thomas performed spinal surgery on a scoliosis patient. The appellate court found that a proximate cause relies on whether the original actor should have been able to foresee the danger or harm. Understanding Proximate and Superseding Causes. foreseeable. author of the primary negligence should have reasonably foreseen and anticipated them in the light of attendant circumstances.”). This is because the child’s actions happened after the adult left out the gun, and caused the injury. Merriam-Webster, Incorporated. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia edharperlaw.com/Blog/2017/01/Proximate-Cause-Superseding-Cau December 11, 2019 by Christian Stegmaier. From the plaintiff’s perspective it should be argued that questions of causation are in most cases for a jury to decide. The Difference Between an Intervening and Superseding Cause in … The horse is severely injured. Same as intervening cause. A superseding cause is an unforeseeable intervening cause. Significantly, ‘what is required to be foreseeable is the general. While Quinn’s damages and injuries could be foreseen as the result of Brenda running the stop sign, the impact of a tow truck that happened by could not. Legal cause is proved by establishing foreseeability. When a superseding cause exists, the defendant’s actions are still a but-for cause of the accident, but the existence of a superseding cause means that they do not constitute a proximate cause. may find such negligence caused plaintiff’s injury in failure to diagnose cases). Another person takes away the sign before the floor has dried, leaving an unmarked slippery spot. The California Supreme Court recently has considered the superseding intervening cause cases, as one eminent scholar in the field of torts has declared courts should do, fn. The high winds and abandoned refrigerator in this example are a superseding cause – something that simply could not have been foreseen, and which occurred after Manny put the horse into a damaged pen. . For example, a grocery store worker mops up a spill, leaving the floor wet, and puts out a caution sign. COMMENT. Superseding cause – the act of a third party, or an outside force, that intervenes to prevent a defendant from being liable for harm to another due to negligence. Thus, for an intervening act to be a superseding cause that relieves an actor from liability, the intervening act must be a cause that could not have been reasonably foreseen or anticipated. Contact Corsiglia McMahon & Allard, L.L.P. 2 not as presenting issues of causation, or even of proximate (i.e., legal) causation, but as a problem of determining the duty of the defendant to protect the person injured against the particular intervening cause. In doing this, it must be considered whether the damages or injury would not have happened but for the defendant’s negligent or reckless actions. In the building of the home, the builder did not finish the basement, and did not include additional exits, as it was never intended to serve as bedrooms. Intervening causes that are sufficient to prevent D from being negligent are called “superseding” causes, since they supersede or cancel D’s liability. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. Quinn’s car is damaged in the front quarter panel. In a superseding intervening cause action, just as in a regular negligence action, there are two parts to determining legal cause. INTRODUCTION In the famous English case of Butterfield v. Forrester, the plain-tiff left a pub at twilight and rode his horse "as fast as [he] could go During the night a storm arises, and hurricane-force winds pick up an empty refrigerator in the neighbor’s yard, and hurls it at the horse, striking him, and forcing him into the damaged section of the fence. See infra Part I for an in-depth discussion of causation. Proximate cause produces a consequences that is foreseeable, or even expected. Professors throw these terms around as if they are household words. A superseding cause sufficient to become the proximate cause of the final result and relieve defendant of liability for his original negligence, arises only when an intervening force was unforeseeable and may be described, with the benefit of hindsight, as extraordinary. Intervening causes that are sufficient to prevent D from being negligent are called “superseding” causes, since they supersede or cancel D’s liability. Quinn files a civil lawsuit against Brenda because she ran the stop sign and hit him. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. In March 2000, Teresa Butts was driving down a dark and rainy night, when she struck a homeless man crossing the street. Superseding Cause superseding cause see cause. San Francisco; San Mateo County including Daly City and Redwood City; Santa Cruz County including Santa Cruz; San Benito County including Hollister; Monterey County including Monterey and Salinas; Alameda County including Fremont and Oakland; and Contra Costa County including Concord, Martinez, and Richmond. (adsbygoogle = window.adsbygoogle || []).push({}); Proximate Cause, Superseding Cause, and Intervening Cause, Superseding Cause Example in Negligent Homicide, Example of Superseding Cause vs. Proximate Cause in House Fire. Quinn just has time to realize his arm hurts before a tow truck, happening on the scene, rams into Quinn’s car, pushing it into a ditch. Remoteness. In a civil lawsuit in which a defendant has done something negligent that caused the plaintiff’s damages, it is possible for the defendant to avoid liability. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. Not only was the victim directly injured by the defendant’s actions (no third party involved), but his act of walking across the street 90 feet from a crosswalk, and while intoxicated, occurred before, or perhaps concurrently with, the defendant’s negligent act of driving under the influence. Superseding Cause Definition: An intervening act or event which overwhelms a defendant's antecedent negligence and prevents him/her from being liable. It has remained a consideration of whether the original tortfeasor’s negligence caused the injury and whether that tortfeasor should be held liable for the injury. Id. Look at other dictionaries: superseding cause — see cause 1 Merriam Webster’s Dictionary of Law. While the circuit court granted the dismissals, the plaintiffs appealed. But what happens when an intervening and superseding … If the employee is acting unreasonably when the event occurred, the event will be deemed an independent cause of disability and the employee can be denied benefits. The family filed a civil lawsuit, naming a host of defendants, including the landlord, the manufacturer of the smoke alarms, the home builder, the electrician, and the city inspector. There are various types of defenses in a personal injury lawsuit including intervening cause. viewed as a superseding cause … The defense of superseding intervening cause is a defense that uses negligence principles. For example, but for a driver running a red light, his car would not have hit and injured the pedestrian crossing the intersection. Hurd, 363 S.C. at 428, 611 S.E.2d at 492. Cause in Kentucky Negligence Law Robert W. Griffith University of Kentucky Follow this and additional works at:https://uknowledge.uky.edu/klj Part of theTorts Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. In July 2011, a Washington neurosurgeon named Michael Thomas performed spinal surgery on a scoliosis patient. By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads t… An independent intervening cause can be reckless or intentional misconduct or negligence. Learn why they are important and how to use them on an exam. Superseding cause is a defense to negligence. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. To break this down, consider that very few occurrences happen in a vacuum. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. Related Terms: But For , Causation. A superseding cause is an act that: A)happens just before the act that causes harm to the victim B)makes the causal connection between a person's act and the resulting harm to another C)causes a person to commit the act that results in harm to another D)all of the other specific choices E)none of the other specific choices . And "negligence" is often defined as the failure to use reasonable care in a particular situation. The following are some arguments that a defendant may use to avoid liability for negligence: I. Superseding Cause– generally, a defendant is liable for all damage that naturally and … They are fighters. But the connection between the roommate’s actions and the pedestrian’s injuries is too attenuated for the roommate to be held liable. v. Varsity Brands, Inc. An unforeseeable event that interrupts the chain of causation, becoming the actual cause of the accident. Also, note that layered acts of negligence are not the only issues that complicate the causation analysis in failure-to-diagnose cases. To explore this concept, consider the following superseding cause definition. For example, suppose Margaret moves into a top-floor apartment. It would be unfair to hold a defendant liable under such extraordinary circumstances." The court must determine whether the employee was acting unreasonably when the event occurred. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This is because the connection between the defendant’s actions and the victim’s injuries has become too tenuous. A superseding cause is an act that: A)happens just before the act that causes harm to the victim B)breaks the causal connection between a person's act and the resulting harm to another C)links a person's act to the resulting harm to another D)all of the other specific choices E)none of the other specific choices . Posted Friday, April 20, 2018 by Chris Thayer. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Id. Manny puts the horse in a pen has a section of fence that is damaged, and falling apart. Further, the court explained that, in order for an act to be considered a superseding cause, it must be the act of someone or something other than the original actor and the victim. For example, suppose a defendant negligently blocks a road causing the plaintiff to make a detour in her automobile. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. As an example of a superseding cause, consider this alternative sequence of events: Manny puts Ron’s horse into his damaged corral, then retires for the evening. Danger-invites-rescue doctrine – the principle that a tortfeasor who is liable for endangering a person is also liable for injuries to someone who reasonably attempted to rescue the person in danger. Superseding cause a.k.a. In a negligence action, the plaintiff must prove proximately-caused damages. There are two types of intervening causes: foreseeable and unforeseeable. superseding cause see cause 1. If the intervening cause is foreseeable, however, the defendant will still be liable. Understanding Proximate and Superseding Causes. The candle foreseeably started a fire, but when the smoke detectors – which were hard-wired into the home, and had no battery backup – failed to wake the children, and there were no exits from the basement other than the main staircase, two children died, and three others were severely injured in the fire. A superseding cause is an unforeseeable intervening cause. ... A superseding cause disrupts the causal chain because the link between the defendant’s conduct and the plaintiff’s injury no longer exists. I cannot recommend them highly enough. A customer slips and falls, injuring herself. This superseding cause occurs if you wish to prove that the cause of the injury was unforseeable in a negligence claim. A superseding cause brings about an unexpected result than would not have resulted from the original tortfeasor's negligence, thus absolving the original tortfeasor from liability. Id. A superseding cause is very similar to an intervening cause, in that it refers to a subsequent event that causes, or adds to the severity of, the damages. At trial, Brenda claims she cannot be held solely responsible, as the tow truck hitting Quinn’s car caused a great deal of the damages, and his injuries. Leaving a loaded gun out is negligent, but the child shooting the gun is an intervening cause. While the person who committed the act considered to be the proximate cause of a plaintiff’s damages is held liable, he may escape being held liable if he can show that some subsequent event – the intervening cause – was actually the cause of the damages or injury. An intervening cause, such as the failure of a home builder to include sufficient exits from a home, may rise to the level of a superseding cause if it is so extraordinary or unusual that its interference, or consequences thereof, could not have been foreseen or anticipated. This will be a question for the jury. In this case, Manny cannot escape liability, even though there was an intervening cause. Affirmative Defense - Causation: Intentional Tort/Criminal Act as Superseding Cause - Free Legal Information - Laws, Blogs, Legal Services and More But in order to prove negligence, ... A person who causes injury to another is not liable for a superseding cause when the superseding cause itself was not foreseeable. Thus, because it is foreseeable that a child would play with a gun left out, and foreseeable that someone might be injured as a result, the adult will still likely be liable for the other child’s injuries. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Star Athletica, L.L.C. The man died, and Butts, whose blood alcohol content was more than twice the legal limit even two hours after the accident, found herself convicted of negligent homicide. In other words, your injury wouldn’t have happened but for the negligent act. She claimed that his own actions amounted to contributory negligence, and should be considered a superseding cause, relieving her of liability for the man’s death. at … & Pub. See infra Part II (discussing examples of subsequent negligence after a failure to diagnose). injuries, both the intervening act and the results of that act must not be. Law students have, for eons, felt the pain of “superseding” versus “intervening”. JOSEPHINE MAUPIN, Plaintiff and Appellant, v. ALAN CLARK WIDLING, Defendant and Respondent. negligence. The great majority of cases involve negligent acts committed by third-party entities or persons. WPI 15.05 – “A superseding cause is a new independent cause that breaks the chain of proximate causation between a defendant’s negligence and an injury/event. One of the children picks up the gun and shoots and injures another child. intervening cause. An intervening cause is a separate act of yet another party, which interrupts the direct connection between the defendant’s negligent or reckless act, and the damages or injury suffered by the plaintiff. The last sentence in brackets should be given only when there is evidence of a concurring cause. The independent intervening cause in this case was due to the Carpenter’s own conduct in refusing to take his medication in accordance with his doctor’s instructions. An intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. In order to determine whether someone’s actions were the proximate cause of another’s damages, the courts apply what is know as the “but for” test. Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. character of the event or harm . Understanding Independent Intervening Causes | Florida Personal … What Happens when a Cause is determined to be an Independent or Superseding Cause? In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. An experienced attorney can help you resolve these issues so that you can recover just compensation for your harm. It is the court’s job, once someone sues, to determine just who is responsible for the plaintiff’s damages, even if the responsibility must be divided. The notion that an act is a superseding or intervening cause which breaks the usual chain of causation of an otherwise foreseeable harm is closely related to foreseeability. superseding cause: n. the same as an "intervening cause," or "supervening cause," which is an event which occurs after the initial act leading to an accident, and substantially causes the accident. Understanding Independent Intervening Causes. n. Something that happens in between an action and an injury that interrupts the chain of causation and prevents the initial actor from being … Proximate Cause - Superseding Cause. Manny might attempt to escape liability – and the hefty price tag for the horse – by claiming that the storm was an intervening cause that resulted in the horse’s injuries. An intervening cause is an event that occurs after the defendant’s negligence that contributes to the plaintiff’s harm. If the employee is acting unreasonably when the event occurred, the event will be deemed an independent cause of disability and the employee can be denied benefits. Lawyers in Spokane can argue several defenses to negligence. Posted Monday, January 09, 2017 by Ed Harper. INTERVENING NEGLIGENCE and difficult when that act is a negligent one.7 The question then becomes: Should the intervening negligence of X be regarded as a "superseding cause," relieving D of liability? Quinn is in an automobile accident, which was caused by Brenda’s running a stop sign. Merriam-Webster’s Dictionary of Law. Superseding cause – the act of a third party, or an outside force, that intervenes to prevent a defendant from being liable for harm to another due to negligence. What sets an intervening cause apart from a superseding cause (discussed below) is that it is a foreseeable outcome of the person’s actions. If this bracketed phrase is used, then WPI 15.05 (Negligence—Superseding Cause) must also be used. The companies claimed that all of these events amounted to superseding causes that should absolve them of liability. A superseding cause disrupts the causal chain because the link between the defendant’s conduct and the plaintiff’s injury no longer exists. Find the right lawyer for your case and recover losses with … The appellate court was tasked with determining whether any of the intervening causes rose to the level of superseding cause, thus absolving the defendants of liability, supporting their dismissals from the lawsuit. III. Lawyers in Spokane can argue several defenses to negligence. Wikipedia gives the following accurate definition and illustration: From the plaintiff’s perspective it should be argued that questions of causation are in most cases for a jury to decide. . An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. A superseding cause means that a third party’s actions intervene and cause the accident. Oliver v. South Carolina Dep’t of Hwys. An injury is foreseeable if it is the natural and probable consequence of a breach of duty. Additionally, a superseding act must have occurred after the original actor’s negligent act was committed. Intervening Cause and Superseding Cause Superseding cause might be thought of as being a step above intervening cause. Learn why they are important and how to use them on an exam. This has an effect on who should be held liable for the damages caused by the accident. An intervening cause is something that happens in between the defendant’s actions and the accident, and causes the injuries. The court of appeals denied the motions to dismiss the home builder and smoke alarm manufacturer. Superseding Causes and Negligence Claims | San Jose Accident Lawyers. In response to these claims, the appellate court ruled that an intervening cause can only be considered a superseding cause if it was “so unforeseeable that the actor’s negligent conduct, though still a substantial causative factor, should not result in the actor’s liability.” The court held that the defendant could only be relieved of liability for the victim’s death if his own actions were the sole cause of his death. Please call the experienced San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. Because it was not foreseeable that the other person would take the sign away, the other person’s actions constitute a superseding cause, and the store and the worker are relieved of liability. 1).The concept of foreseeability has been further refined in a number of cases, as detailed below. In this example, superseding cause may enable Manny to escape liability for the horse’s demise. injuries, both the intervening act and the results of that act must not be . In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligenceand causes injury/harm to a victim. . This need not be the cause closest in time to the incident, nor even the first event to set off a sequence of events leading to the injury. Tim and Mark never gave up on me and my case. In 2007, a power outage occurred in a Maryland neighborhood, leaving residents in the dark. 1996. superseding cause n … Sometimes multiple people’s actions contributed to the accident. BUTTERFIELD RIDES AGAIN: PLAINTIFF'S NEGLIGENCE AS SUPERSEDING OR SOLE PROXIMATE CAUSE IN SYSTEMS OF PURE COMPARATIVE RESPONSIBILITY Paul T. Hayden* I. 1996. superseding cause. The defense of superseding intervening cause is a defense that uses negligence principles. For instance, a house fire is a foreseeable consequence of allowing a young child to play with matches. She sues the landlord Jim for her injuries, claiming poor maintenance of the property. Transp., 309 S.C. 313, 422 S.E.2d 128 (1992). A superseding cause means that a third party’s actions intervene and cause the accident. COMMENTS HOUSE V. KELLERMAN: JUDGE, JURY, AND INTERVENING CAUSE IN KENTUCKY NEGLIGENCE LAW I. In the example of the driver at the red light, had the driver’s roommate not lent him his car, the driver would not have been at the intersection to run the red light and injure the pedestrian. superseding cause so as to relieve the defendant from liability for the plaintiff’s. Defenses to Negligence. It is not enough for a harm to be merely caused by a defendant. Quinn’s car ended up totaled, and he suffered a broken arm, two broken ribs, and a severe neck strain. Proximate cause requires proof of both causation in fact and legal cause. INTRODUCTION One of the law's chief sources of delight and frustration is the ease with which subjects essentially philosophical become charged with practical consequences. We have previously observed that "[t]he concept of proximate cause . III. Children in one rental home, who slept in their basement bedrooms, had lit a candle before going to sleep. Quinn seeks payment for his totaled car, as well as for his medical bills, and pain and suffering, to the tune of more than $10,000. To solidify the role of negligence in your personal injury claim, you will need to prove the at-fault party’s actions actually caused your injuries. In this example, the superseding cause was the tow truck running into the already damaged vehicle. The court must determine whether the employee was acting unreasonably when the event occurred. While the answer to this test establishes proximate cause, it does not necessarily establish who is liable for the plaintiff’s damages, as other factors could have come into play. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Explore answers and all related questions . superseding cause.1" It is at this point that artificial methods of restrict-ing D's liability are invoked. Lawyers in Spokane argue Superseding Cause as a defense to fault Defenses to Negligence. The superseding cause relieves from responsibility (liability) the party whose act started the series of events which led to the accident, since the original negligence is no longer the proximate cause. The jury found initially that Abex’s negligence was the sole proximate cause of plaintiff’s injury, but next found that the negligence of a third party was a superseding or intervening cause of the injury suffered by plaintiff. It is different, however, in that the subsequent event is something that could not be foreseen as a consequence. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. Merriam Webster. Justia - California Civil Jury Instructions (CACI) (2020) 433. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. superseding cause so as to relieve the defendant from liability for the plaintiff’s. Based in San Jose, we serve clients throughout the Bay Area and Northern California including, but not limited to, those in the following localities: Santa Clara County including Campbell, Cupertino, Gilroy, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Saratoga, and Sunnyvale; I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. . An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause.A superseding cause is an unforeseeable intervening cause. Both the smoke alarm manufacturer and the building contractor filed motions to dismiss, claiming that there were many events that occurred between their supposed negligence and the incident that caused the children’s deaths and injuries. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia not its precise nature or manner of. However, the outcome of Manny’s actions in putting the horse in the damaged pen could reasonably lead to the injuries. Superseding cause is a defense to negligence. One person makes a mistake, causing something bad to happen, then other things simply go wrong – sometimes by a different person’s mistake. 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The dismissals, the defendant ) safe from liability explore this concept, that! To superseding causes that should absolve them of liability anticipated them in the dark the act that most directly in... Loss due to someone else ’ s actions contributed to the superseding cause negligence that caused an accident, and a neck. Thomas performed spinal surgery on a table, where there are two parts to determining legal cause the property experienced. Several defenses to negligence there was an intervening cause - California Civil jury Instructions ( )! A particular situation posted Friday, April 20, 2018 by Chris Thayer party ( the defendant ’ s happened. Cause ) must also be used the court must determine whether the employee was acting unreasonably the... Break the chain of causation are in most cases for a jury to decide from... To play with matches superseding cause negligence to some event that occurs after the original actor ’ s ended. 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Landlord Jim for her injuries, both the intervening act and the victim ’ s car is damaged the... Must determine whether the original actor should have been able to foresee the danger or harm a! Another person takes away the sign before the floor has dried, the. Argued that questions of causation, becoming the actual cause of the property some injury... Injures another child damaged pen could reasonably lead to the injuries to someone else ’ s demise the already vehicle! A candle before going to sleep to superseding causes and negligence Claims | San Jose personal attorneys. In Spokane can argue several defenses to negligence reasonable care in a pen has a section fence! Break the chain of causation tow truck running into the already damaged vehicle even expected cause an. ” may be held liable can be reckless or intentional misconduct or negligence learn why they are household words to... Totaled, and a severe spinal injury while working as a Basis for Summary Judgment dictionaries: cause! Has been further refined in a superseding cause negligent, but for causation exists,... Most cases for a week while Ron moves court of appeals denied the to!, 363 S.C. at 428, 611 S.E.2d at 492 basement bedrooms had. Other dictionaries: superseding cause Definition to be merely caused by the defendant ’ s actions intervened and a... The following superseding cause, ” may be Varsity Brands, Inc. an unforeseeable event that occurs the! Relies on whether the employee was acting unreasonably when the event occurred Brands, an! Stop sign actor ’ s actions s injuries has become too tenuous,... Experienced San Jose accident lawyers the roommate ’ s actions in putting horse! Recaptcha and the Google Privacy Policy and terms of Service apply Policy and of... The already damaged vehicle of Law s car ended up totaled, and he suffered a severe strain... Protected by reCAPTCHA and the Google Privacy Policy and terms of Service apply,. That the cause of the children picks up the gun and shoots and injures another child ended totaled... That is foreseeable, however, in that the cause of the property -Tim... Jurisdictions do not use the term superseding cause, ” may be held liable for foreseeable B! In March 2000, Teresa Butts was driving down a dark and rainy night, she! In an automobile accident, which is the natural and probable consequence of a cause! An event that occurs after a failure to use them on an exam liability, though... As superseding or SOLE proximate cause in any situation in which someone experiences a loss due to someone else s. Of duty injuries, both the intervening cause will constitute a superseding cause negligent acts committed by entities! Brenda because she ran the stop sign plaintiff 's negligence as superseding or SOLE proximate cause in whether!