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Topic: Proximate cause

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	JURCRM0209
		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].
		Furthermore, an instruction on proximate cause is inappropriate when the defendant does not claim that chain of causation leading to the victims' deaths was interrupted.
	www.jud.state.ct.us /CriminalJury/2-9.html (605 words)

	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.
		The doctrine of proximate cause is notoriously confusing.
		But under proximate cause, the property owners adjacent to the river could sue (Kinsman I), but not the owners of the boats or the cargoes which could not move until the river was reopened (Kinsman II).
	en.wikipedia.org /wiki/Proximate_cause (702 words)

	SurfWax: News, Reviews and Articles On Proximate Cause
		The proximate cause of the crisis in Asia was the sudden sharp reversal of capital flows to the region.
		For the record, the proximate cause was a nanny problem: in going over his financial records, Kerik informed the White House, he had discovered that his housekeeper/nanny appeared to be an illegal immigrant and that he had failed to pay all the necessary taxes for her.
		The proximate cause of the crisis was the sudden sharp reversal of capital flows to the region.
	www.lawkt.com /files/Proximate_Cause.html (4922 words)

	Illinois Bar Journal; August 2001 (Site not responding. Last check: 2007-10-17)
		Proximate cause is generally composed of two elements: cause-in-fact, whether there is a reasonable certainty that the defendant's actions caused the injury; and legal cause, whether the injury was of a type that was a reasonably foreseeable result of the defendant's conduct.
		Proximate cause is a requirement both of causes of action that require some finding of fault through the breach of a duty (e.g., negligence) and strict liability causes of action (e.g., product liability) that require no finding of fault.
		Proximate cause should not require a plaintiff to specifically identify a particular party's substances at a release site or to establish the fault of or violation of a duty by a particular party.
	www.illinoisbar.org /Member/aug01lj/p416.htm (4362 words)

	[No title]
		A substantial majority have decided that the furnishing of alcoholic beverages may be a proximate cause of such injuries and that liability may be imposed upon the vendor in favor of the injured third person.
		The original act or omission is not eliminated as a proximate cause by an intervening cause unless the latter is of itself sufficient to stand as the cause of the injury.
		The intervening cause must be such that the injury would not have been suffered except for the act, conduct or effect of the intervening agent totally independent of the acts or omission constituting the primary negligence.
	courts.state.ar.us /opinions/1997a/970623/96-762.txt (6192 words)

	FOR WANT OF A HORSESHOE NAIL: CAUSATION IN FIRST-PARTY PROPERTY CASES
		The cause of the brush fire under the circumstances in which it was ignited seven miles from the [insureds’] residence is irrelevant to the issue of coverage.
		Because the contractor’s negligence was the efficient proximate cause of the loss, the court held that the loss would be covered, subject to any exclusions in the policy.
		An insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause.
	www.thefederation.org /documents/Houser-W02.htm (8370 words)

	[No title]
		Proximate Cause In the cases presented in this section, either the plaintiff has made out the elements previously discussed—duty, violation of duty, and cause in fact—or else they are sufficiently in dispute that the defendant cannot establish the absence of any of them as a matter of law.
		The legal formulation of the claim is that the defendant’s admitted or assumed negligence was not the proximate cause (or “legal cause”) of the plaintiff’s harm.
		We reverse the judgment of the district court and remand the cause to the district court for a new trial consistent with this opinion.
	cyber.law.harvard.edu /torts3y/readings/CB-R-10.doc (2416 words)

	Comparative negligence/proximate cause/intervening cause legal definition
		In this example, although you caused the ball's initial movement, your act is not the proximate cause of the injury to the woman sitting next to the window.
		When an intervening cause is present, since the natural chain of events have been changed due to the subsequent act of another, and the initial actor may be relieved of the responsibility for an injury that is produced.
		In the example provided for proximate cause, the act of the stranger picking up the ball and throwing it through the window is an intervening cause which relieves you from the responsibility for injury which may have occurred as a result of your act.
	accident-law.freeadvice.com /auto/proximate_cause.htm (571 words)

	Proximate Cause (Site not responding. Last check: 2007-10-17)
		To better comprehend proximate cause, it is first necessary to understand the interrelationship of the types of causation involved in tort actions.
		This is essentially dealing with fairness and is the portion of the analysis where the plaintiff must show that it is "fair" [equitable], to hold the defendant liable.
		The Court held that plaintiff must just show that the defendant's negligence was a substantial cause of the offense to prove a prima facie case, and that it is for the trier of fact to determine the legal/proximate cause once the Court is satisfied that a prima facie case has been established.
	www.wctc.edu /busocc/blaw/proxi.html (247 words)

	Random Pensées: Proximate Cause (Site not responding. Last check: 2007-10-17)
		Proximate cause is a legal concept that you find in tort cases and in securities fraud.
		To establish proximate cause in a products liability case, a plaintiff must show that the defect in the product was a substantial factor in causing the injury.
		The chain of causal connection is, indeed, sturdy and not readily susceptible to disruption by intervening conduct.
	randompensees.mu.nu /archives/056100.php (1792 words)

	EH.Net Encyclopedia: Ireland's Great Famine
		The proximate cause of the Great Irish Famine (1846-52) was the fungus phythophtera infestans (or potato blight), which reached Ireland in the fall of 1845.
		In pre-1845 Ireland famines were by no means unknown -- that caused by arctic weather conditions in 1740-41 killed a higher share of a much smaller population (Dickson 1998) -- but those that struck during the half-century or so before the Great Famine were mini-famines by comparison.
		It is difficult to identify any significant class of 'winners' in the 1840s, though the census indicates increases in the numbers of millers and bakers, of barristers and attorneys, and of bailiffs and rate collectors.
	www.eh.net /encyclopedia/?article=ograda.famine (2520 words)

	[No title]
		The law frequently uses the expression "proximate cause," with which you may not be familiar.
		When I use the expression "proximate cause," I mean a cause which, in a natural and continuous sequence, produces damage and without which the damage would not have occurred.
		Scott, 153 Ark. 65, 239 S.W. This fact, however, is omitted in an instruction defining proximate cause, because it is properly part of the definition of negligence.
	courts.state.ar.us /ami/2004/501.htm (431 words)

	CAUSE IN FACT - PROXIMATE CAUSE AND DAMAGES
		Defendant was both a cause in fact and the proximate cause of Defendant's losing the arm.
		However, the actual harm caused by Defendant was probably 0 since D would have lost the arm soon anyway.
		Defendant is not a proximate cause of the harm.
	home.ubalt.edu /ntlacbs/T_F06_PCCIFandD_01.htm (1060 words)

	DCBA Brief, June 2001 - A Defense Perspective: Expert Cross-Examination and the Sole Proximate Cause Defense
		A defendant asserting the "sole proximate cause" defense seeks to establish that somebody or something other than the defendant’s conduct was the sole cause of the plaintiff’s injuries.
		Under the newly emerging standard in Illinois, the sole proximate cause of a plaintiff’s injury need not be negligent conduct before a defendant is entitled to the instruction.
		Conversely, where the circumstantial evidence supports different reasonable inferences of possible causes, the question of proximate cause is one for the jury.
	www.dcba.org /brief/junissue/2001/art30601.htm (1337 words)

	MCJI Chapter 15
		When I use the words “proximate cause” I mean first, that the negligent conduct must have been a cause of plaintiff’s injury, and second, that the plaintiff’s injury must have been a natural and probable result of the negligent conduct.
		When a defendant presents evidence that the conduct of a person other than the plaintiff or force was a proximate cause, M Civ JI 15.03 and the appropriate instruction from M Civ JI 15.04, 15.05 and 15.06 should be given in addition to this instruction.
		Governmental employees are not individually liable under the motor vehicle exception (MCL 691.1405) to the governmental immunity act unless their conduct constitutes the proximate cause, that is, the one most immediate, efficient, and direct cause of the plaintiff’s injury.
	courts.michigan.gov /mcji/negligenceCh10-19/print-ch15.htm (1148 words)

	Soccer rulemakers forbid head scarves - CKA
		In the case of the young girl the cause of death was the window.
		So in your hit man example, the effect is death by shooting, the proximate cause is the hit man firing his gun, and the ultimate cause is the "client".
		In the case of the girl in the SUV, the effect of the death is a perception that the mother was negligent, the proximate cause is the kid trapping herself in the window, and the ultimate cause is the mother leaving the kids alone in the SUV.
	www.canadaka.net /modules.php?name=Forums&file=viewtopic&p=517450 (2431 words)

	Training Schedule
		Cause: The cause of death is the injury or disease that begins the process that leads to death.
		The proximate cause is the initial event and the immediate cause is the last event prior to death.
		Importantly, the length of time between the proximate and immediate cause does not change the final diagnosis or cause of death as long as there is an unbroken chain of events between the two.
	www.patc.com /training/detail.php?ID=48286 (685 words)

	AG RVS - Reasons and Causes
		Proximate causes tend to focus on the events closest to the accident, and are often looking to place blame (read liability) rather than fixing the system.
		I had observed in (2) that the notion of cause in accident analysis seemed to be related to that of counterfactual conditional.
		He then defines A causes B to be simply that there is a chain of events, each one of which is causally dependent on the previous, from B to A.
	www.rvs.uni-bielefeld.de /publications/Reports/Causes.html (6439 words)

	Palsgraf v Long_Is_RR
		Plaintiff failed to establish that her injuries were caused by negligence of the defendant and it was error for the court to deny the defendant's motion to dismiss the complaint.
		The proximate cause, involved as it may be with many other causes, must be, at the least, something without which the event would not happen.
		The only intervening cause was that instead of blowing her to the ground the concussion smashed the weighing machine which in turn fell upon her.
	www.courts.state.ny.us /history/cases/palsgraf_lirr.htm (5220 words)

	Exxon v. Sofec, Inc. (1996)
		A plaintiff in admiralty that is the superseding, and thus the sole proximate, cause of its own injury cannot recover part of its damages from tortfeasors or contracting partners whose blameworthy actions or breaches were causes in fact of the plaintiff's injury.
		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)

	Beilke v. Coryell, 524 N.W.2d 607 (N.D. 1994)
		The jury instruction, taken as a whole, adequately explained that a proximate cause is one which played a substantial part in bringing about an injury and that there may be more than one proximate cause.
		To warrant a finding that one's conduct is the proximate cause of an injury, it must appear that the injury was the natural and probable result of the conduct and that it ought to have been foreseen or reasonably anticipated by the defendant as a probable result of the conduct."
		The "substantial factor" test was created by courts to provide for an adequate definition of proximate cause in those cases in which the alleged facts supported concurrent causes and in which the traditional "but-for" definition tended to mislead juries.
	www.court.state.nd.us /court/opinions/940157.htm (2276 words)

	Torts- Spring Outline
		Foreseeability with regard to proximate cause is concerned with whether and to what extent the D’s conduct foreseeably and substantially caused the specific injury that actually occurred.
		D was held to be the proximate cause of P’s injures because the other driver was not superseding.
		The purpose of proximate cause is “to confine the liability of a negligent actor to those harmful consequences which result from the operation of the risk, or of a risk, the foreseeabiity of which rendered the D’s conduct negligent.”
	www.4lawschool.com /outlines/bank/tortsspring.htm (3274 words)

	McConnell v. Oklahoma Gas & Elec. Co.
		In finding that the gate being left open was the proximate cause of the injury, the court held that the allegations in plaintiffs' amended petition, stated a cause of action and that the trial court erred in sustaining defendant's general demurrer to the petition.
		This death was the proximate result of the negligence of one of defendant's employees, a meter reader who was employed by the defendant to go from house to house in the neighborhood and read the electric meters that defendant had installed on the premises of the users.
		The judgment is vacated and the cause is remanded to the trial court with directions to overrule both the special demurrer and the general demurrer, and proceed with the case.
	www.animallaw.info /cases/causok530p2d127.htm (1540 words)

	The Efficient Proximate Cause Doctrine in California: Ten Years After Garvey
		Thus, the court held that where a loss can be attributed to two causes, one an excluded risk and the other a covered risk, the "efficient cause" is the cause to which the loss is to be attributed.
		An efficient proximate cause analysis is not required where the loss was caused by a single cause, even though that cause may be susceptible to various characterizations.
		While the efficient proximate cause analysis should apply to named peril policies, there is one important difference between its application to an all risk policy and to a named peril policy the burden of proof.
	www.rkmc.com /The_Efficient_Proximate_Cause_Doctrine_in_California_Ten_Years_After_EM_Garvey_EM.htm (4924 words)

	AAR: Publication: The Motor Vehicle and the Farming Operation: Same proximate cause; different possible exclusions
		He therefore found that the farming operation of contouring work was the proximate cause of the damage and of the loss.
		As the contouring work was the proximate cause of the damage to the road and that the subsidence and landslip were simply a result of that cause, the judge found that landslip was not the proximate cause of the loss and that exclusion did not apply.
		In essence, the proximate cause of carrying out contouring work in the course of farming operations was covered under the Farmsure policy, but because that same work was carried out by motor vehicles, it was excluded by the same policy.
	www.aar.com.au /pubs/insur/insaprb00.htm (714 words)

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