What is meant by proximate cause?
A proximate cause example in legal terms is something which causes another thing to happen. 3 min read Show
1. What is Proximate
Cause? A proximate cause example in legal terms is something which causes another thing to happen. What is Proximate Cause?Something which is either carelessly or intentionally caused and results in someone's injuries or distress. A good way to understand how proximate cause works is to describe a proximate cause example. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. Determining Proximate Cause Through Different RulesCertain states take into consideration the “but for” rule for proximate cause. This means understanding if the injury would occur but for the action or lapse of the defendant. When the injury wouldn't have occurred but for the action on the defendant's part, proximate cause is proven.
Other states take into consideration the “substation factor” to determine a proximate cause. A substantial factor is something that essentially contributes to an injury. If an act or omission are a small part of the injury, it will not be considered a proximate cause.
Proximate cause can also be determined if a person could have foreseen the destructive costs of his actions and taken action to avert them. Foreseeability is commonly used in tort cases and questions are asked to determine proximate cause including:
Proximate Cause Real Life ExampleProximate cause was found in the 1927 case of Palsgraf v. Long Island Railroad. The plaintiff, Mrs. Palsgraf, was waiting for her train at the end of the platform at Long Island Railroad Station. A man ran to the platform of the departing train from the opposite side, and as the train was moving the man jumped on it but lost his balance. Employees on the train and platform helped the main get on the train by pushing and pulling him in. The man was carrying a package of fireworks which fell out of his arms and exploded onto the ground. The loud noise startled the people on the platform including Mrs. Palsfraf, who fell over the set of scales, injuring herself. She sued the railroad for being negligent by not seeing the man had fireworks. The court ruled that there was no proximate cause of the workers' actions and in favor of the railroad. The workers could not have foreseen that by helping the defendant, there would be an injury to Mrs. Palsgraf. The Harm Within the Risk RuleMrs. Palsgraf's case can also be used as a proximate cause example for the “harm within the risk” criteria. Harm within the risk considers whether other people could have been injured by the defendant's actions. If it is determined this is the case, then is Mrs. Palsgraf part of this group of people? Since she was a pedestrian on the platform, then this is the case. Even though the railroad workers could not have known she would be harmed by them helping the defendant, she was in the group of people put at risk. This test is not commonly used today, as it doesn't take into considerations causation.
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What is proximate cause in logic?A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result. This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the "real" reason something occurred.
What is another name for proximate cause?Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause.
What is proximate cause and how is it different from cause in fact?Actual cause, also known as “cause in fact,” is straightforward. When a bus strikes a car, the bus driver's actions are the actual cause of the accident. Proximate cause means “legal cause,” or one that the law recognizes as the primary cause of the injury.
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