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Topic: Proximate causation

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	Proximate cause - Wikipedia, the free encyclopedia
		In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury.
		Since but-for causation is very easy to show (but for punching me in the face, you would not broken my jaw), there is a second test used to determine if an action is close enough to a harm in a "chain of events" to be legally valid.
		The doctrine of proximate cause is notoriously confusing.
	en.wikipedia.org /wiki/Proximate_cause (1115 words)

	[No title]
		Specifically, in terms of proximate causation, appellants alleged that "the slurry or cement used by the [appellee] in casing their [sic] well leaked into the natural aquifer which served as a channel through which [appellants'] water supply flowed." Appellee moved for summary judgment on the issue of proximate causation.
		Proximate causation is an essential element for a cause of action in negligence.
		Although proximate causation is usually a question of fact for a jury, where reasonable minds cannot differ a question of law is presented for determination by the court.
	courts.state.ar.us /opinions/1997a/970625/ca961161.txt (4030 words)

	Canesi v. Wilson (Site not responding. Last check: 2007-10-20)
		Rather, the test of proximate cause is satisfied by showing that an undisclosed fetal risk was material to a woman in the plaintiff's position; the risk materialized, was reasonably forseeable and not remote in relation to the doctor's negigence; and, had plaintiff known of that risk, she would have terminated her pregnancy.
		Hence, the test of proximate cause in such cases requires that the plaintiff establish a causal relation between the prescribed drug about which she was inadequately warned and the harm that materialized.
		Rather, the test of proximate causation is satisfied by showing that an undisclosed fetal risk was material to a woman in her position; the risk materialized, was reasonably foreseeable and not remote in relation to the doctor's negligence; and, had plaintiff known of that risk, she would have terminated her pregnancy.
	lw.bna.com /lw/19990706/a4697.htm (14516 words)

	Causation-Homicide (Site not responding. Last check: 2007-10-20)
		Proximate cause does not necessarily mean the last act of cause, or the act in point of time nearest to [the result].
		The concept of proximate cause incorporates the notion that an accused may be charged with a criminal offense even though his acts were not the immediate cause of [the result].
		An act or omission to act is a proximate cause of [the result] when it substantially and materially contributes, in a natural and continuous sequence, unbroken by an efficient, intervening cause, to [the result].
	myweb.wvnet.edu /~jelkins/crimlaw/note/causation.html (2499 words)

	[No title]
		The Proximate Cause of Behavior In the early days of biology when most, if not all, biologists were creationists and so paid no attention to history, the cause of a biological phenomenon was explained simply by the physical or physiological conditions which resulted in the phenomenon.
		Proximate causation, however, is only part of the answer to the question posed above because it ignores historical influences behind patterns of behavior exhibited by individual organisms.
		Proximate causation is a focal point not only of modern neurobiology, but also of pyschology.
	www.holycross.edu /departments/biology/whealy/notes_text/zm.text (1565 words)

	Exxon v. Sofec, Inc. (1996)
		The proximate causation requirement was not before the Court in that case, and the Court did not suggest that it was inapplicable in admiralty.
		Where the injured party is the sole proximate cause of the damage complained of, that party cannot recover in contract from a party whose breach of warranty is found to be a mere cause in fact of the damage.
		We agree with the Ninth Circuit that where the injured party is the sole proximate cause of the damage complained of, that party cannot recover in contract from a party whose breach of warranty is found to be a mere cause in fact of the damage.
	www.admiraltylawguide.com /supct/Sofec.htm (3531 words)

	Medical Malpractice - Causation (Site not responding. Last check: 2007-10-20)
		Determination of proximate cause is a factual one, not a legal one, depending upon whether the evidence shows that the results of misconduct are reasonably foreseeable.
		It is an accepted principle that in most medical negligence cases, proof of causation requires the testimony of an expert witness because the nature of the inquiry is such that jurors are not competent to draw their own conclusions from the evidence without the aid of such expert testimony.
		While evidence of causation must be in terms of probability rather than mere possibility, substance should prevail over form and that the total meaning, rather than a word-by-word construction, should be the focus of the inquiry.
	www.louisvillelaw.com /medical/malpractice/cause.htm (580 words)

	The psychological autopsy: a useful tool for determining proximate causation in suicide cases. D. Jacobs and M. ... (Site not responding. Last check: 2007-10-20)
		This overview article examines the applications of the psychological autopsy method in determining proximate causation in suicide cases.
		The five standards currently used by the courts to determine proximate causation in suicide cases are described, as are a variety of applications of the psychological autopsy method, including its application to workers' compensation cases, product liability cases, and medical malpractice cases.
		The article concludes with a discussion of the issues raised in the use of the psychological autopsy during expert testimony and the considerations that should be addressed by an expert witness contemplating the use of the psychological autopsy method.
	www.emory.edu /AAPL/Bull/J232-165.htm (172 words)

	100 Wn. App. 584, NIELSON v. EISENHOWER & CARLSON
		An appellate court reviews the issue of proximate cause in a tort action as a question of law if all the inferences that may be drawn from the evidence in the record are incapable of reasonable doubt.
		The issue of causation in fact in a legal malpractice action is a question of law for the court when the issue involves analysis of the relevant law and court rules.
		The court must decide based on traditional principles of proximate causation whether or not a defendant was the cause of the injuries suffered and whether the duty to mitigate was met.
	www.mrsc.org /mc/courts/appellate/100wnapp/100wnapp0584.htm (4712 words)

	[No title]
		The only argument raised by each defendant was that plaintiff could not prove proximate causation as a matter of law because Roy Meck had less than a 50% chance of surviving his heart attack absent the alleged misconduct of the defendants.
		We hold that to sustain theÔ"%0''@@-à"Ôburden of proving proximate* cause, a plaintiff is not required to establish that the decedent had a greater than 50% chance of survival absent the defendant's alleged misconduct.
		Further, the question of whether a defendant's misconduct is a proximate cause of a plaintiff's injury or death Ô ?à´<Ôis generally one to be determined by the trier of fact.
	www.state.il.us /court/Opinions/AppellateCourt/1998/1stDistrict/May/WP/1970275.doc (2973 words)

	International Wolf Center Beyond 2000 Symposium
		Proximate causes include the mechanisms and stimuli that affect the development and expression of the behavior in an individual during its lifetime.
		In common language, proximate causes seek to answer the question: "How does this behavior occur?" For example, changes in daylength trigger the release of hormones that cause the midwinter peak in reproductive behavior.
		In common language, ultimate causes attempt to answer the question: "Why does this behavior occur?" For example, the midwinter peak in reproductive behavior insures that pups are born when their chance of survival is greatest.
	www.wolf.org /wolves/learn/scientific/symposium/abstracts/080.asp (442 words)

	Proximate cause (Site not responding. Last check: 2007-10-20)
		{{Template:TortLaw}}In the [[law]], a '''proximate cause''' is an event sufficiently related to a legally recognizable injury to be held the cause of that injury.
		For an act to cause a harm, both tests must be met; proximate cause is a subset of cause-in-fact.A few circumstances exist where the '''but for test''' is ineffective.
		There are several problems with the idea of forseeability as proximate cause, namely that depending on how one defines the type of harm, one can find any action either foreseeable or not.
	proximatecause.quickseek.com (551 words)

	Wirth v. Reynolds Metal Co.(Rogers, J.) CA96-1161 (Site not responding. Last check: 2007-10-20)
		This is an appeal from an order of summary judgment entered upon a finding that appellants, Randy and Mary Wirth, had failed to offer proof of proximate causation to support their claim of negligenceSee footnote 1 against appellee, Reynolds Metal Company.
		Specifically, in terms of proximate causation, appellants alleged that "the slurry or cement used by the [appellee] in casing their [sic] well leaked into the natural aquifer which served as a channel through which [appellants'] water supply flowed."
		Rather than attempting to set out in full all relevant testimony, we deem it sufficient to point out: appellees testified their well was damaged in 1961 by similar explosions; that they so informed appellant [Western Geophysical Company], and that they warned appellant the explosions were too close to their well.
	courts.state.ar.us /opinions/1997a/970625/ca961161.html (4225 words)

	Nos. 89497, 89511 cons. - Oliveira v. Amoco Oil Co.
		Proximate causation was a necessary element of plaintiff's complaint because his claim for consumer fraud was brought under section 10a(a) of the Act (815 ILCS 505/10a(a) (West 1996)), the provision of the Act which establishes the right to pursue a private cause of action for consumer fraud.
		Defendant's primary contention on appeal is that plaintiff's "marketing theory" of causation is a legally insufficient statement of proximate causation and, therefore, that the circuit court properly dismissed plaintiff's amended complaint.
		Proximate cause is essential to a private right of action for damages under section 10a(a) of the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/10a(a) (West 1996)).
	www.state.il.us /court/Opinions/SupremeCourt/2002/June/Opinions/Html/89497.htm (5407 words)

	American Zoologist: Vertebrate behavior: Integration of proximate and ultimate causation
		Proximate causation, sometimes called how questions, includes examination of how the behavioral phenomenon under study works at all levels of organization.
		However, we should not overlook the fact that the subareas within the study of proximate causes of animal behavior were, at this same time, already proceeding to develop their own separate societies and journals.
		I took this to be a signal that the time was now ripe to get colleagues that have used either proximate or ultimate approaches (and in a few cases, both) in recent decades to gather and discuss the integration and synthesis of their perspectives.
	www.findarticles.com /p/articles/mi_qa3746/is_199802/ai_n8801814 (1379 words)

	134 Wn.2d 243, CITY OF SEATTLE v. BLUME
		Proximate cause is comprised of two elements: cause in fact and legal causation.
		The issue of proximate cause in a tort action is reviewed as a question of law if the inferences that may be drawn from the evidence in the record are incapable of reasonable doubt.
		The causation element of the tort of intentional interference with a business relationship is comprised of the traditional two elements of proximate cause; i.e., cause in fact and legal causation.
	www.mrsc.org /mc/courts/supreme/134wn2d/134wn2d0243.htm (7067 words)

	Richard Fumerton and Ken Kress, Causation and the Law: Preemption, Lawful Sufficiency, and Causal Sufficiency, 64 Law & ... (Site not responding. Last check: 2007-10-20)
		Alternatively, a proximate cause is defined as a tortious cause that results in a reasonably foreseeable injury to a reasonably foreseeable plaintiff.
		But the essence of a Humean account of causation is one in which we try to understand X's causing Y in terms of "brute" regularities in nature that involve constant conjunctions between X-like events and Y-like events.
		Wright, Causation, supra note 1, at 1774 (stating that his theory is an elaboration of "a causal test that incorporates the Humean philosophic account of the meaning of causation, as modified by John Stuart Mill."); see also id.
	www.law.duke.edu /journals/lcp/articles/LCP64DAutumn2001P83.HTM (10401 words)

	Atlanta Injury Law Blog: Clarifying "proximate cause" in Georgia tort jury instructions (Site not responding. Last check: 2007-10-20)
		By requiring that the proximate cause produce an event(injuries) by a “natural and continuous sequence unbroken by other causes,” the pattern charge may mislead jurors from considering multiple concurrent proximate causes, particularly if considering passive negligence (which did not “produce” anything – an active verb) and active negligence (thus not“unbroken by other causes”).
		Gwinnett County, 221 Ga. App.18, 24 (9), 470 S.E.2d 724, 730 (1996) (charge on the proximate cause as the “dominant cause” was “inapt” in a case against a county for failure to maintain the intersection at which the collision occurred); Locke v.
		Yet, all too often, and particularly with regard to proximate cause instructions, the jury is given an assemblage of snippets from appellate court opinions and essentially asked to make the same coherent sense of them in minutes that judges and lawyers can make only with a long legal education.
	www.atlantainjurylawblog.com /recent-tort-cases-73-clarifying-proximate-cause-in-georgia-tort-jury-instructions.html (2061 words)

	A Stitch in Haste Gunmaker Liability Shield May -- and Should -- Become Law
		It is a fundamental rule of tort law that liability requires proximate causation (i.e., the defendant must be sufficient close to the chain of events to be held liable for his actions).
		And it is a fundamental rule of proximate causation that criminal acts by third parties are never foreseeable — they break the chain of proximate causation.
		The piece is misguided in that it falls into the trap of worshipping the false god of "federalism." State "sovereignty" does not include the power to force defendants to endure frivolous lawsuits or to be derelict in their "sovereign" duty to enforce basic tort principles.
	kipesquire.powerblogs.com /posts/1122488550.shtml (1564 words)

	[No title]
		Preparatory Remarks: Law and Biology on Causation Law and biology overlap in their preoccupations with “causation.” The term has different meanings, however, within each discipline and it is critical to keep these meanings in mind.
		While lawyers parse distinctions between proximate causes, remote causes, concurrent causes, contributory causes, intervening causes, and “but for” causes of phenomena, behavioral biologists draw a single but crucial distinction between “proximate” causes and “ultimate” causes.
		To the extent that the ability to sing and the urge to respond to certain environmental cues with singing were influenced by heritable predispositions, the proportion of male robins in successive generations that sang inevitably increased over time until we now observe the trait to be typical of males of the species.
	law.vanderbilt.edu /seal/resources/docs/primer_evobio_excerpt.doc (6931 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Oregon Stevedoring Co., 376 U.S., which does not purport to deal with the proximate causation limitation for damages on such claims and is not relevant here.
		In Reliable Transfer, we discarded a longstanding rule that property damages in admiralty cases are to be divided equally between those liable for injury, "whatever the relative degree of their fault may have been," 421 U.S., at 397, and adopted the comparative fault principle in its stead.
		2 The proximate causation requirement was not before us in Reliable Transfer, and we did not suggest that the requirement was inapplicable in admiralty.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=517&invol=830 (3751 words)

	Michigan Appellate Digest - 126067 People v Schaefer (Site not responding. Last check: 2007-10-20)
		In determining whether a person is guilty of operating a vehicle while intoxicated causing death, factual causation must be established in that the victim's death was a direct and natural result of the defendant's operation of the vehicle.
		The jury convicted the defendant, and the defendant appealed, asserting that the instruction was improper as to causation and that the court had erroneously repeatedly reminded the jury regarding the defendant's stipulation as to his blood alcohol level.
		The parties had not specifically addressed the issue of proximate causation at the preliminary examination, and thus remand for reconsideration of the issue was necessary.
	courtofappeals.mijud.net /Digest/newHTML/12606711.htm (956 words)

	17025 (Site not responding. Last check: 2007-10-20)
		In reaching this conclusion, the court rejected the plaintiff's claim that the prior ruling did not resolve the issue of whether expert testimony on causation was permissible pursuant to the original disclosure.
		At the close of the evidence, the court instructed the jury that in addition to proving the elements of libel per se, the plaintiff was also required to establish that the defendant's defamatory conduct caused the plaintiff's damages.
		He further maintains that the court improperly instructed the jury that he was required to prove proximate causation to prevail on his libel per se claim because once the elements of libel per se are established, proximate causation is presumed.
	www.jud.state.ct.us /external/supapp/summaries/Docket/17025.htm (373 words)

	[No title]
		The proximate cause or "but for" interpretation is discussed as an alternative standard, a new way to view the causal connection element in Section 87103.
		If a proximate cause standard is in place, a public official who has a financial interest in a decision may argue that other causes account for the effect on the value of his or her assets.
		The Enforcement Division recommends against the proximate causation standard based upon the difficulty of enforcing the conflicts provisions under such a test and the fact that it unnecessarily complicates conflict analysis for public officials.
	www.fppc.ca.gov /Library/Agendas/galligan.htm (1660 words)

	Michigan Appellate Digest - 94875 Skinner v Square D Co (Site not responding. Last check: 2007-10-20)
		Proof of proximate cause entails proof of two elements: (1) cause in fact, and (2) legal, or proximate, cause.
		But if there is evidence pointing to any one theory of causation, indicating a logical sequence of cause and effect, there is a basis for a determination of causation regardless of the existence of other theories with or without support in the evidence.
		In this case, the plaintiffs' expert witnesses testified that the switch was defective and that the defect was the proximate cause of the decedent's death.
	courtofappeals.mijud.net /Digest/newHTML/9487511.htm (943 words)

	Causality - Psychology Central (Site not responding. Last check: 2007-10-20)
		The philosophical concept of causality, the principles of causes, or causation, the working of causes, refers to the set of all particular "causal" or "cause-and-effect" relations.
		Most generally, causation is a relationship that holds between events, objects, variables, or states of affairs.
		The gold standard for causation here is the randomized experiment: take a large number of people, randomly divide them into two groups, force one group to smoke and prohibit the other group from smoking (ideally in a double-blind setup), then determine whether one group develops a significantly higher lung cancer rate.
	www.psychcentral.com /psypsych/Cause (4511 words)

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