proximate cause

proximate cause
That which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. Wisniewski v. Great Atlantic & Pac. Tea Co., 226 Pa.Super. 574, 323 A.2d 744, 748.
That which is nearest in the order of responsible causation. That which stands next in causation to the effect, not necessarily in time or space but in causal relation. The proximate cause of an injury is the primary or moving cause, or that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the accident could not have happened, if the injury be one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act. An injury or damage is proximately caused by an act, or a failure to act, whenever it appears from the evidence in the case, that the act or omission played a substantial part in bringing about or actually causing the injury or damage; and that the injury or damage was either a direct result or a reasonably probable consequence of the act or omission. The last negligent act contributory to an injury, without which such injury would not have resulted. The dominant, moving or producing cause. The efficient cause; the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charged with the disaster.
Act or omission immediately causing or failing to prevent injury; act or omission occurring or concurring with another, which, had it not happened, injury would not have been inflicted. Herron v. Smith Bros., 116 CaLApp. 518, 2 P.2d 1012, 1013.
- legal cause

Black's law dictionary. . 1990.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • proximate cause — see cause 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. proximate cause …   Law dictionary

  • Proximate cause — Proximate Prox i*mate, a. [L. proximatus, p. p. of proximare to come near, to approach, fr. proximus the nearest, nest, superl. of propior nearer, and prope, adv., near.] Nearest; next immediately preceding or following. Proximate ancestors. J. S …   The Collaborative International Dictionary of English

  • proximate cause — prox‧i‧mate cause [ˌprɒksmt ˈkɔːz ǁ ˌprɑːksmt ˈkɒːz] noun [countable] LAW the thing that is directly responsible for an event happening: • Pilots breaches of duty and negligence were a proximate cause of the plane crash. * * * proximate cause …   Financial and business terms

  • Proximate cause — Cause Cause (k[add]z), n. [F. cause, fr. L. causa. Cf. {Cause}, v., {Kickshaw}.] 1. That which produces or effects a result; that from which anything proceeds, and without which it would not exist. [1913 Webster] Cause is substance exerting its… …   The Collaborative International Dictionary of English

  • proximate cause — n a cause that directly or with no intervening agency produces an effect <whether the negligence was the proximate cause of the pneumonia (Jour. Amer. Med. Assoc.)> * * * a cause that immediately precedes and produces an effect …   Medical dictionary

  • Proximate cause — For the notion of proximate cause in other disciplines, see Proximate and ultimate causation. For causation in English law, see Causation in English law …   Wikipedia

  • proximate cause — noun : a cause that directly or with no mediate agency produces an effect; specifically : a cause arising out of a wrongdoer s negligence or conduct deemed under the rules of law applicable to the case and under the extent of his duty sufficient… …   Useful english dictionary

  • proximate cause — As an element of tort liability:–that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. The primary moving cause, or the… …   Ballentine's law dictionary

  • proximate cause — The dominant and effective cause of an event or chain of events that results in a claim on an insurance policy. The loss must be caused directly, or as a result of a chain of events initiated, by an insured peril. For example, a policy covering… …   Big dictionary of business and management

  • proximate cause — noun An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred …   Wiktionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”