Proximate Cause - Explained
Negligent Conduct must be the Proximate Cause of the Harm
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is a Proximate Cause?
Proximate causation means that the harm suffered by the defendant was reasonably foreseeable as a result of the plaintiffs conduct.
When is Negligent Conduct the Proximate Cause of a Harm?
For the type of injury to be foreseeable, the plaintiff must be one whom the defendant could reasonably expect to be injured by a negligence act.
Further, the injury must be caused directly by the defendants negligence.
The relationship between the defendants actions and the harm caused cannot be too far removed or tenuous.
This may be the case when an unexpected intervening actor or occurrence is involved in bringing about the harm.
It would breach the chain of causation necessary for finding a defendant negligent.
This determination is left for the jury to decide.
Related Topics
- Tort Law (Intro)
- What are Torts?
- What are the types of torts?
- What are Intentional Torts?
- Unintentional Tort
- Assault and Battery?
- Intentional Infliction of Emotions Distress?
- Invasion of Privacy?
- False Imprisonment?
- Malicious Prosecution?
- Trespass?
- Conversion?
- Defamation?
- Defenses to Defamation?
- Absolute Privilege
- Defamation and 1st Amendment Considerations?
- Fraud?
- Intentional Interference with Contractual Relations?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact
- What are common defenses to negligence actions?
- What is Strict Liability?
- Strict Liability Causes of Action Examples
- Strict Products Liability
- What defenses exist to strict product liability actions?
- Compensatory damages?
- Punitive damages?
- Treble Damages