Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. Usually intervening causes are actions by a third party or natural occurrence that alter the circumstances of accident. A superseding cause is an unforeseeable intervening cause. Our opinions are our own. For example (as in the US case of Watson v. Kentucky & Indiana Bridge & Railroad Co.), if a defendant had carelessly spilled gasoline near a pile of cigarette butts in an alley behind a bar, the fact that a bar patron later carelessly threw a cigarette butt into the gasoline would be deemed a foreseeable intervening cause, and would not absolve the defendant of tort liability. An intervening cause is an event that occurs between the defendant’s original negligent act and the injury suffered by the plaintiff. To … For example, income is an intervening variable that helps explain the relationship between level of education (independent variable) and spending (dependent variable). Neighbor A sues Neighbor B for the damage to his car, claiming she was negligent and careless to park the car on the street rather than keeping it in the driveway. [1], In order for the intervening cause to be deemed superseding and relieve the tortfeasor of liability, both the act/event and the injury must be unforeseeable. … Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. If it is determined this is the case, then is Mrs. Palsgraf part of this group of people? Keep, and cause each Intervening Entity to keep, proper books of record and account, in which full and correct entries shall be made of all financial transactions and the assets and business of each Loan Party and each Intervening Entity in accordance with GAAP. Change the example so that Henry pulls out a knife and chases Mary out of the garage. In the drunk driver example, the court said that it was foreseeable that his conduct would force other drivers to suddenly stop and that some cars might not be able to stop in time to avoid a collision. Intervening sentence examples. Certain states take into consideration the “but for” rule for proximate cause. 37. The intervening cause must occur between the defendant’s negligent act and the plaintiff’s injury, and it must have caused injury to the plaintiff. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Written by Definition from Nolo’s Plain-English Law Dictionary. intervening cause; intervening cause Primary tabs. Suppose Sally is driving in town and is T-boned by George, who is driving a truck. Since she was a pedestrian on the platform, then this is the case. is commonly registered, with intermediate quantities at intervening localities. In this case, the intervening event was the real reason the injury was suffered. The next natural question is, what is a superseding cause? 146 (1910), https://en.wikipedia.org/w/index.php?title=Intervening_cause&oldid=989803523, Articles needing additional references from November 2020, All articles needing additional references, Creative Commons Attribution-ShareAlike License, This page was last edited on 21 November 2020, at 03:14. Negligent human conduct is conduct that exposes a person to abnormal risks. Examples of Intervening Causes. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. George, who was on his phone at the time, was distracted as he was going through an intersection and ended up running a red light as Sally was heading through. In 1927, the Plaintiff, Mrs. Palsgraf, was standing at the end of a long train platform waiting for a train at the Long Island Railroad Station. This alone is not enough to absolve the defendant of all liability, but it may do so under certain circumstances. If the intervening cause and its results could not have been foreseen, it is considered to be a superseding cause. Intervening causes are an added cause that occurs after the main cause by a defendant. The evidence showed that (on May 7, 1928), Russell Wray, an eight year old son of the decedent, at the request of the decedent, … He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. In this example, the insurer would have to show that Sally’s initial back injury at work was not a substantial … Usually, the intervening variable is caused by the independent variable, and is itself a cause of the dependent variable. Not all events can be used as an intervening cause to avoid liability. There are cases when a defendant argues that an “intervening cause” was the true cause of the plaintiff’s injuries. In a personal injury lawsuit, the plaintiff must demonstrate through the facts of his or her case, that the defendant was negligent, and that the defendant’s negligent behavior was the cause of the harm that the plaintiff suffered. 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. Not all events can be used as an intervening cause to avoid liability. English examples for “intervening variable” - The intervening variable between the processes and structure is a function. 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. Jeffrey Johnson is a legal writer with a focus on personal injury. For example: Manny agrees to keep Ron’s horse in his corral for a week while Ron moves. See People v.Acosta for a great example.. This event is the intervening cause. Foreseeability is often the key to the validity of an intervening cause. However, if the bar patron intentionally threw the cigarette butt into the gasoline because he wanted to see it ignite, this intentional act would likely be deemed unforeseeable, and therefore superseding. Professors throw these terms around as if they are household words. App. And we could find intervening variables for why lightning heats up air, and why sudden changes in air pressure cause sounds. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. Ed would not be responsible for Joe's death, even though Joe would not have been in the emergency department if … What is an Independent or Superseding Cause? An intervening variable is something that impacts the relationship between an independent and a dependent variable. is commonly registered, with intermediate quantities at intervening localities. in Malette v Shulman[1], “the right of self-determination which underlies the doctrine of informed consent also obviously encompasses the right to refuse medical treatment. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Natural forces include weather, earthquakes, and animals. In addition to Kitter, which was used as an example above, another example of superseding intervening cause is Schultz v. Brogen. An intervening cause occurs when there is some interruption between the defendant’s conduct and the ultimate harm or result. n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. The court said that the original negligent actor might still be liable if the intervening cause is 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. 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. 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 a branch falling from a tree or a weather-related event. Thus, in our example, Ishmael would be liable for both the harm … An intervening cause is any event that occurs after the defendant’s actions and caused harm to the plaintiff. One of the children picks up the gun and shoots and injures another child. Intervening Causes - another but-for cause that comes in after D's voluntary act that operates in producing social harm Act of God Act of independent third party that accelerates or aggravates the harm caused by D or which causes it to occur in an unexpected manner. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. In other words, it is not enough for the insurer to argue that but for Sally falling on the ice at home, she would not have needed back surgery. From a judgment for the plaintiff, the defendant appeals. Examples: The shoppers in the store look tired. The most common intervening causes cited by defendants are natural forces and negligent human conduct. Without any other factors, George would very likely be the one at fault for the … The most common intervening causes cited by defendants are natural forces and negligent human conduct. Intervening phrases often use prepositions such as to, for, with, including and together. Direct causation is where the defendant’s actions cause the plaintiff’s harm without the assistance of an intervening force. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia An intervening cause is a separate action that breaks the direct connection between the actions of the defendant and a loss or injury to another person. Example of Intervening Cause For instance, take a vehicle accident. A competent adult is generally entitled to reject a specific treatment or all treatment, or to select an alternate form of treatment, even if the decision may […] For example, security guard firing a pistol and injuring a bank employee because the defendant robbed the bank. Managing Editor & Insurance Lawyer. Law students have, for eons, felt the pain of “superseding” versus “intervening”. Our goal is to be an objective, third-party resource for everything legal and insurance related. The event as well as the resulting injury must have been unforeseeable to a reasonable person. The event as well as the resulting injury must have been unforeseeable to a reasonable person. ... so that the ranges must owe their elevation to other causes; and the folds, moreover, are of ancient date, for the most part Archaean or Palaeozoic. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. For example, imagine that Neighbor A’s house is being renovated, and that he asks Neighbor B if he might store his car in Neighbor B’s driveway during the renovation. For example, assume that contractor A was responsible for fencing or marking a hole in the ground and negligently fails to do so while contractor B is working in the hole. An intervening cause does not break the casual chain if it was foreseeable. An example of proximate cause being confirmed in a factual causation case can be found in Palsgraf v. Long Island Railroad. A defendant may generally be able to avoid liability by showing that there was an event that took place in the time between the defendant’s actions and the plaintiff’s injury that was sufficient to replace the defendant as the actual cause of the harm the plaintiff suffered. She leaves the car parked on the street for several days, during which time a hurricane blows through the area, damaging the car. Example of Intervening Cause. But not directly, lightning heats up air and the sudden change in temperature and pressure causes the vibration we hear as thunder. Smoking cigarettes causes lung cancer. In 1927, the Plaintiff, Mrs. Palsgraf, was standing at the end of a long train platform waiting for a train at the Long Island Railroad Station. The proper test to determine whether an incident is a superseding intervening cause is the substantial contributing cause test, not the “but for” test. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. It originally stood close to the Buriganga river; but the channel has shifted its course, and there is now an intervening space covered with trees between it and the river. The government's proposals about preserving the environment cause controversy. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. For example, income is an intervening variable that helps explain the relationship between level of education (independent variable) and spending (dependent variable). The most common intervening causes cited by defendants are natural forces and negligent human conduct. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. For example, if Ed injures Joe, which results in Joe going to the emergency department, and while there, Joe is shot and killed, Joe's being shot is an independent intervening cause. If the foreseeability of the harmful act itself, and of the injury that was caused, are established regardless of the intervening event, then the defendant is likely liable regardless. Determining Proximate Cause Through Different Rules. George, who was on his phone at the time, was distracted as he was going through an intersection and ended up running a red light as Sally was heading through. We update our site regularly, and all content is reviewed by experts. Example of an Intervening Superseding Cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. Normal intervening causes are mainly seen as foreseeable and ones in which the risk can be addressed, prior to their occurrence. Harm within the risk considers whether other people could have been injured by the defendant's actions. In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligenceand causes injury/harm to a victim. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. When these words are added to a phrase it is often referred to as an intervening clause. Disclaimer: Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … However, a superseding cause is also one that the defendant could not have reasonably foreseen. Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. An intervening cause is an event that occurs between the defendant’s original negligent act and the injury suffered by the plaintiff. [What things cause controversy? Mary escapes Henry and hides in an abandoned shed. A dependent intervening cause is an event relying on a defendant’s conduct. A superseding cause is an unforeseeable intervening cause. One day, Neighbor B decides to park A’s car on the street in order to do a project in her driveway. Negligent human conduct is conduct that exposes a person to abnormal risks. Neighbor B responds that the hurricane was an intervening cause between her negligence and the damage to the car and that, in actuality, the hurricane was the actual cause of the harm to the car. For example, income is an intervening variable that helps explain the relationship between level of education (independent variable) and spending (dependent variable). FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. intervening cause — A cause which supersedes a prior wrong as the proximate cause of an injury by breaking the sequence … Negligent human conduct is conduct that exposes a person to abnormal risks. The superseding intervening cause defense is one of the few defenses in Minnesota workers’ compensation law that can result in a complete bar to all benefits claimed that are attributable to the superseding event. If you are a defendant in a lawsuit, and you believe that an intervening cause is responsible for the plaintiff’s injuries, talk to a qualified personal injury attorney. Lightning causes thurnder. Suppose Sally is driving in town and is T-boned by George, who is driving a truck. When these words are added to a phrase it is often referred to as an intervening clause. n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. The sculpture is designed for outdoor display, so the farmer leaves it in her backyard. The most common forms of intervening causes cited by defendants are acts of nature and criminal conduct. Negligent human conduct is conduct that exposes a person to abnormal risks. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. [2], Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166 (NY Ct App, 1980); McCoy v. American Suzuki Motor Corp., 136 Wash.2d 350, 961 P.2d 952 (Sup Ct. Wash 1998), Learn how and when to remove this template message, Intentional infliction of emotional distress, Negligent infliction of emotional distress, Watson v. Kentucky & Indiana Bridge & Railroad Co., 137 Ky. 619, 126 S.W. This paper argues that the distinction between dependent and independent intervening causes ultimately is rooted in a deeper distinction between two kinds of coincidence, one of which is, as a general rule, more improbable than the other. ... Here’s an example of a situation where the defendant might successfully argue that an intervening cause was the real reason the plaintiff was injured: Mike is mopping the floors at the ABC … Insurers argue that a wide range of activities constitute a superseding intervening cause, but that does not mean the court … Cancer screening is an intervening variable that helps explain the relationship between SES (independent variable) and cancer mortality rate (dependent variable). A good way to understand how proximate cause works is to describe a proximate cause example. Mary escapes Henry and hides in an abandoned shed. Jeffrey Johnson Here is how to conduct an analysis to determine if a defendant is still liable in the presence of one or more intervening causes: Dependent Intervening Force: An act of a third person which is considered a normal response to the defendant's act. For example, there is an observed positive correlation between level of education and level of income, such that people with higher levels of … Example of an Intervening Superseding Cause. This doesn’t influence our content. In this case, the intervening event was the real reason the injury was suffered. We strive to help you make confident insurance and legal decisions. For example, assume that a farmer agrees to store a large, heavy sculpture for an artist. For example, if Ed injures Joe, which results in Joe going to the emergency department, and while there, Joe is shot and killed, Joe's being shot is an independent intervening cause. You’re right in the middle of one of the hardest parts of Torts (the proximate cause nightmare) and weird words are exactly what you need…. In this case, the intervening phrase is of antique vases. Neighbor B agrees. This means that the defendant will still be responsible for the plaintiff’s injury unless the defendant has another defense. Direct causation is where the defendant’s actions cause the plaintiff’s harm without the assistance of an intervening force.Indirect causation exists when an intervening force comes into play after the defendant has committed his negligent act and this intervening force either extends the plaintiff’s injuries or combines with the defendant’s act to produce plaintiff’s injuries. Change the example so that Henry pulls out a knife and chases Mary out of the garage. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. 37. For example, there is an observed positive correlation between level of education and level of income, such that people with higher levels of education tend to earn higher levels of income. Here are a few examples of an intervening phrase: The collection of antique vases is very valuable. Quotes and offers are not binding, nor a guarantee of coverage. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia. If the weather was reasonably foreseeable, however, this will not absolve the defendant of liability. Mrs. Palsgraf's case can also be used as a proximate cause example for the “harm within the risk” criteria. A superseding cause disrupts the causal chain because the link between the defendant’s conduct and … Proximate Cause Example on the Long Island Railroad. What sets an intervening cause apart from a superseding cause (discussed below) is that it is a foreseeable outcome of the person’s actions. 3d 664] exposed him to the peril of Shelton's action, and thus, plaintiff contends, defendant's negligence was also a "cause" of the injury. Do not be confused by intervening words ending in -s, such as always and sometimes. Review the example with Henry and Mary in Example of Legal Causation. What Is Considered an Intervening Cause? Usually, the intervening variable is caused by the independent variable, and is itself a cause of the dependent variable. Cancer screening is an intervening variable that helps explain the relationship between SES (independent variable) and cancer mortality rate (dependent variable). What Happens when a Cause is determined to be an Intervening Cause? A superseding cause is an unforeseeable intervening cause. Leaving a loaded gun out is negligent, but the child shooting the gun is an intervening cause. Change the example so that Henry pulls out a knife and chases Mary out of the garage. The existence of an intervening event does not automatically mean it will get the defendant off the hook. This is because, even though the negligent act of the driver is not foreseeable, the fact of injury by a driver is foreseeable (i.e., a car falling in because there is no guard). Here are a few examples of an intervening phrase: The collection of antique vases is very valuable. For example, imagine that Neighbor A’s house is being renovated, and that he asks Neighbor B if he might store his car in Neighbor B’s driveway during the renovation. Examples of Intervening Entity in a sentence. Negligence-Foreseeability of Intervening Cause.-Action by Mary G. Wray, as administratrix of the estate of Norman E. Wray, deceased, against the Riesbeck Drug Company, to recover damages for the death of Norman E. Wray. [16] In that case, one defendant had gone into a ditch, and another defendant pulled the car out, resulting in both vehicles facing east on the south side of the highway. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. 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 t… 12. Plaintiff's theory, of course, is that defendant's antecedent negligence caused plaintiff to be in the situation which [58 Cal. The subject, proposals, is plural.] Intervening phrases often use prepositions such as to, for, with, including and together. The result is that the person who started the chain of … Other examples of intervening variables include: motivation, intelligence, intention, and expectation. Intervening Force: A force which comes into play after the defendant has committed his negligent act. For instance, take a vehicle accident. An intervening variable is a variable that affects the relationship between an independent variable and a dependent variable. Neighbor B agrees. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, and it is also responsible for the injury. In other words, the intervening cause wouldn’t happen unless the defendant acted. Example of an Intervening Superseding Cause. Then, a driver—who negligently failed to take his medication before driving and therefore does not see clearly—drives into the unmarked hole and injures contractor B. Neighbor B can further assert that it was unforeseeable that the car would be damaged by moving it from the driveway to the street. If, as this paper argues, the intuitions underlying the distinction between dependent … Contractor A will still be liable for the damage to contractor B despite the driver's negligence in not taking medication. 12. The subject, collection, is singular.] Finding trusted and reliable insurance quotes and legal advice should be easy. Find the right lawyer for your legal issue. Often this type of variable can appear when researchers are studying the relationship between two variables and don’t realize that another variable is actually intervening in the relationship. A tornado throws the sculpture several thousand feet, ruining it. Such a design implies that one measures the proposed intervening variable and then uses statistical analyses to establish mediation. See People v. Acosta for a great example. Proximate Cause Example on the Long Island Railroad. An intervening cause occurs when there is some interruption between the defendant’s conduct and the ultimate harm or result. 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. “ but for ” rule for proximate cause works example of intervening cause to describe a proximate cause example for the “ for. Advice on home, car, and the conduct of animals example, an adult leaves loaded! Example, security guard firing a pistol and injuring a bank employee because the defendant acted are added! And spending foreseeable, however, this will not absolve the tortfeasor of liability for the law proximate. Display, so the farmer leaves it in her backyard: FreeAdvice.com strives to reliable! Henry pulls out a knife and chases Mary out of the garage assume that farmer... Home, car, and is T-boned by George, who is driving a truck different than what you when... Be used as a defense car would be damaged by moving it from the driveway to the.. 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