https://legal-dictionary.thefreedictionary.com/Intervening+Cause, Consequently, his actions constituted a separate and unusual action rendering it a superseding and, Instruction 403. Cause definition is - a reason for an action or condition : motive. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. ing cause : an unforeseeable intervening cause that interrupts the chain of causation and becomes the proximate cause of the effect called also efficient intervening cause intervening cause compare concurrent cause and intervening cause in this entry Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. The Law Dictionary Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. Other jurisdictions do not use the term superseding cause. Not all intervening causes relieve a defendant of liability. Sparks from the fire cause Petrol's truck to explode, sending the fire on the way to Rancher's barns and home, which burn down. Petrol's negligence is an intervening cause which gets Flameout off the liability hook. Efficient cause definition, See under cause (def. proximate cause (plural proximate causes) 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. (13) Foreseeable intervening forces are within the scope of the original risk and, thus, within the scope of the defendant's negligence. My new car is very fuel-efficient, and it gets 40 miles per gallon. In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. The fourth and last type of cause is the end or goal of a thing—that for the sake… Intervening Cause. negligence [neg´lĭ-jens] in law, the failure to do something that a reasonable person of ordinary prudence would do in a certain situation or the doing of something that such a person would not do. In Cohen, Jeanette Cohen sued Joseph Petty for permanent injuries she suffered as a passenger in a vehicle when Petty drove it into an embankment. The farmer may claim that she could not have anticipated any detrimental effects of outdoor storage on the sculpture, because the sculpture was made for outdoor display. On appeal the Court of Appeals of the District of Columbia affirmed. Loehr, Cynthia. an efficient way of reaching goals - English Only forum an efficient, fair, and practical approach - English Only forum and equally efficient ones on the micro level of the battlefield." 1998. Proposed changes and reorganization of jury instructions for civil cases for products liability Intervening cause is a defense that is raised by a defendant seeking relief from liability based upon the interruption of a link between the defendant's wrongful act claimed and the harm suffered by the plaintiff. For instance, one doctrine (a version of efficient proximate cause) raises this conundrum regarding business interruption coverag… A dependent intervening cause is one that is not an act and is never a superseding cause. An independent intervening cause arises through no fault of the defendant. Best Way to Run a Free Arrest Warrant Check, Signing a Letter on Someone Else’s Behalf, Best Way to Write a Professional Letter to a Judge, How To Find A Name & Address Using A License Plate Number, How to Transfer a Car Title When The Owner Is Deceased. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. To take away the cause is to take away the effect. on the defendant's car constituted an unforeseeable, intervening and .efficient cause of the resulting collision with the plaintiff's car so that the defendant was not liable for the injuries caused to the plaintiff. Other articles where Efficient cause is discussed: metaphysics: Aristotelianism: The notion of an efficient cause has a role in Aristotelianism. This is a "but for" situation, in which the intervention becomes the real reason harm resulted. Definition from Nolo’s Plain-English Law Dictionary. - English Only forum be (the) very efficient bussinesswomen [article with plural?] The result is that the person who started the chain of events is no longer responsible and will not be found liable for damages to the injured person. Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. The sculpture is designed for outdoor display, so the farmer leaves it in her backyard. Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. This means that the defendant's conduct must have played a substantial part in bringing about or directly causing the injury or loss. on the defendant's car constituted an unforeseeable, intervening and .efficient cause of the resulting collision with the plaintiff's car so that the defendant was not liable for the injuries caused to the plaintiff. 1933), illustrates how the doctrine of intervening cause works. Enrich your vocabulary with the English Definition dictionary Proximate cause is defined as 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. However, just as the county fire department has the fire nearly contained, Peter Petrol drives his oil truck through the fireline against a fire fighter's orders and stops on the road between Flameout's property and Richard Rancher's. Instruction 403.10c (intervening cause) is to be given only in cases in which the court concludes that there is a jury issue as to the presence and effect of an intervening cause. What does efficient mean? Comparing efficient, effective, and proficient Synonym Discussion of efficient. INTERVENING CAUSEAn action or event that occurs, after an original act or event occurs that sets… IMPOSSIBLE CONTRACTSAn impossible contract is one which the law will not hold binding upon the parties,… INTERVENING DAMAGESSuch damages to an appellee as … The working cause; that cause which produces effects or results; an intervening cause, which produces results which would not have come to pass except for its interposition, and for which, therefore, the person who set in motion the original chain of causes is not responsible. efficient cause TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Efficient proximate cause is the one that sets others in motion. Under these facts the tornado may be deemed an unforeseeable intervening cause of the damage to the sculpture, and the farmer may avoid liability. “Proximate cause has been defined as “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.” In the above-mentioned case, the high court citing the case of Urbano vs. Petty testified that he had never fainted before and that he was feeling fine up to the point of the sudden illness. and The Law Dictionary, About| Terms | Privacy | Legal Questions, Written and fact checked by The Law Dictionary. The author in 22 R.C.L. If the vehicle is stolen, Martin may be held liable to Tasha for her loss because a reasonable person would have anticipated the theft. Example: Fred Flameout negligently starts a wildfire by welding on his hay bailer next to a row of haystacks, some hay catches fire, and the fire spreads, heading toward the next door ranch. Liability for negligently disabling or failing to repair a traffic signal: absolute immunity in the Third District? "Intervening-Cause Defense: Is It Still Viable Under Comparative Fault?" This has an effect on who should be held liable for the damages caused by the accident. The Argument from Efficient Cause: There is an efficient cause for everything; nothing can be the efficient cause of itself. An intervening cause relieves a defendant of liability only if it would not have been foreseeable to a reasonable person, and only if damage resulting from the defendant's own actions would not have been foreseeable to a reasonable person. According to the appeals court, the sudden illness was an intervening cause. In Aristotle: Causation …is often called the “efficient cause.” Aristotle gives as examples a person reaching a decision, a father begetting a child, a sculptor carving a statue, and a doctor healing a patient. Powered by Black's Law Dictionary Free 2nd Ed. intervening cause Primary tabs. Generally, extraordinary weather conditions are deemed an unforeseeable intervening cause. However, if the farmer lives in Kansas, where tornadoes may be expected, and stored the sculpture outside without tethers during tornado season, the judge or jury may find that she should have anticipated the tornado and its damaging effects, and thus is liable for the damage. Drug Decriminalization Laws Setup For Rehaul Throughout US, Why Trump’s Lawsuit Tactics Won’t Turn The Election. Before someone may be arrested or searched by a police officer without a warrant, probable cause must exist. For questions regarding your specific situation, please consult a qualified attorney. The definition of efficient is being productive with minimal effort. Res Gestae 42 (July): 16. n. an event which occurs between the original improper or dangerous action and the damage itself. How to use efficient in a sentence. In Criminal Procedure, Probable Cause is the reasonable basis for the belief that someone has committed a particular crime. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. [begin strikethrough]10c[end strikethrough]12c (, The defending psychiatrist could rebut this argument by claiming that there were, There should be due diligence regarding the mechanism for injury, as well as a thorough investigation of potential pre-existing conditions or, The defendant may assert the lack of proximate causation--that the actions of a third party are the sole proximate or independent, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Paved with good intentions: the fate of strict liability under the Migratory Bird Treaty Act, Causing, aiding, and the superfluity of accomplice liability, Proximate cause in constitutional torts: holding interrogators liable for Fifth Amendment violations at trial. Since the artist made the sculpture for outdoor display, damage to the sculpture from outdoor storage may be considered unforeseeable. A tornado throws the sculpture several thousand feet, ruining it. - English Only forum booster is the most efficient air booster to use - meaning? cause 1. a. a ground for legal action; matter giving rise to a lawsuit b. the lawsuit itself 2. Compensatory vs. Punitive Damages: What’s the difference? 1590-1600 Latin proximatus (near, or approach) What is Proximate Cause. A superseding cause is an unforeseeable intervening cause. This has an effect on who should be held liable for the damages caused by the accident. Sometimes this is called supervening cause. Definition of EFFICIENT INTERVENING CAUSE: This a case where the defendant has done no wrong but injuries and damages have been the result of an action. - English Only forum be (the) very efficient bussinesswomen [article with plural?] The Two Different Types of Compensatory Damages, Res Ipsa: When Things Speak For Themselves, Eleven Types of Legal Motions in U.S. Law, Breach Of Contract: What It Is, Types, Examples, & Resolving Them, Definitions Of Probable Cause Vs. D.C. 187, 65 F.2d 820 (D.C. Cir. This requirement is imposed to protect people from unreasonable or unrestricted invasions or intr… Suing Your Landlord: How, When, Why, & Should You Bother? at page 110, says" "Perhaps *42 the best and most widely quoted definition is the following: The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the … For example, an explosion leads to a fire that burns portions of the policyholder’s home. It is not possible to regress to infinity in efficient causes. An intervening cause is one that arises after a defendant's negligent act and is not foreseeable. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. The law is comprised of doctrines that are incompatible, vary from jurisdiction to jurisdiction, and lend themselves to “logic chopping.” Even worse, the application of these doctrines to claim scenarios is often strange if not downright counterintuitive. Ombudsman clears Aquino of homicide raps over Mamasapano tragedy, Amendments to jury instructions in civil cases, Proposed changes and reorganization of jury instructions for civil cases for products liability, Malpractice and suicide: what the plaintiffs must prove to win. These jurisdictions simply ask whether the intervening cause is sufficient to relieve a defendant of liability. (See: cause, negligence). Some jurisdictions use two terms to define the intervening cause doctrine: intervening cause and superseding cause. Definition from Nolo’s Plain-English Law Dictionary. Definition of Proximate Cause. A natural and continuous sequence, unbroken by any efficient intervening cause, that produces injury and without which the result would not have occurred. 8b). To explore this concept, consider the following superseding cause definition. : an unforeseeable intervening cause that interrupts the chain of causation and becomes the proximate cause of the effect — called also efficient intervening cause, intervening cause — compare concurrent cause and intervening cause in this entry — The sudden sickness and fainting spell were, Petty claimed, an intervening cause that relieved him of liability. We are losing too much revenue; we need a more efficient means of production. Efficient Intervening Cause efficient intervening cause see cause. What Is Impeachment & How Does It Work, Exactly? An intervening cause can be the action of another person (who is generally called a "third party"), and it can also be an act of nature, such as … For example, assume that Martin borrows Tasha's vehicle, drives it to a neighborhood notorious for its high crime rate, and leaves it unlocked with the keys in the ignition. The court said, "Whenever a new cause intervenes which is not a consequence of the first wrongful cause… A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person, and may relieve the defendant of liability for the injury or loss. To take away the cause is to take away the effect. If there be no first cause then there will be no others. The trial court agreed with Petty and entered judgment in his favor. However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury. To explore this concept, consider the following superseding cause definition. If an individual is fired from a job at the bank for Embezzlement, he or she is fired for cause—as distinguished from decisions or actions considered to be Arbitrary or capricious. Causality (also referred to as causation, or cause and effect) is influence by which one event, process, state or object (a cause) contributes to the production of another event, process, state or object (an effect) where the cause is partly responsible for the effect, and the effect is partly dependent on the cause. Two types of intervening causes are considered: dependent and independent. A dependent intervening cause is set in motion by the defendant's own conduct, and will not relieve the defendant of liability unless it is extraordinary. All jurisdictions differentiate between an intervening cause that relieves a defendant of liability and one that does not: the only difference is in the terminology. Source: Merriam-Webster's Dictionary of Law ©1996. Criminal human conduct by a third party will not be considered an intervening cause relieving the defendant of liability if the defendant's Negligence has contributed to the victim's loss. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. 2000. For example (as … It relieves a defendant of liability unless it was foreseeable by the defendant. "Tort Law—The Doctrine of Independent Intervening Cause Does Not Apply in Cases of Multiple Acts of Negligence." ... — called also efficient intervening cause, intervening cause — compare concurrent cause and intervening cause in this entry The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. While the efficient proximate cause is said to set into motion a chain of events, it is not necessarily the triggering cause, rather it is the predominating cause. Origin of Proximate. This a case where the defendant has done no wrong but injuries and damages have been the result of an action. An efficient intervening cause is the new and independent act which itself is a proximate cause of an injury and which breaks the causal connection between the original wrong and the injury. — Also termed intervening act; intervening agency; intervening force; independent intervening cause; efficient intervening cause; supervening cause; novus actus … See more. A defendant is held liable for an injury or loss to another person if the defendant's negligent or reckless conduct was the proximate cause of the resulting injury or loss. Translations The Law DictionaryFeaturing Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. The state or quality of being negligent. By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads to an unforeseeable result. Petty had had no reason to anticipate the illness, and because he had not been negligent in any way prior to the accident, the illness relieved him of all liability for Cohen's injuries. Noun . Privacy Laws: Why It Matters, What To Do, & Important FAQs, Deportation: Human Rights, FAQ, & What To Do, Flexible Spending Account (FSA): Limits, Expenses & FAQ, Census 2020: Everything You Need To Know Before You Say No, Best Way to Find Someone in Jail for Free. Noun. How Do You Look up License Plate Numbers? Search for a definition or browse our legal glossaries. A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person, and may relieve the defendant of liability for the injury or loss. 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