The plaintiff, Mrs. Palsgraf, was waiting for her train at the end of the platform at Long Island Railroad Station. attorney fees to be a proximate cause of those expenses. Wikipedia notes that in biology, ultimate causation deals with evolutionary forces that affect traits, and proximate causation deals with biological functions as a product of environmental and physiological factors. Don't say that something 'causes that someone does' something. No. Proximate cause is the initial event that gives rise or a loss or the first in a series of events giving rise to a loss. To cause something means to make it happen. Proximate cause Primary tabs An actual cause that is also legally sufficient to support liability. To prove negligence in court, the plaintiff needs to show the other party’s breach of duty was both the actual and proximate cause of their injuries. Philippine Supreme Court Jurisprudence > Year 2014 > March 2014 Decisions > G.R. In such a case a proximate cause can be distinguished from a remote cause. A variation: “As water rolling off a duck’s back.”. Proximate Cause is an important principle of insurance, which helps in deciding how the loss or damage happen and whether it is the result of an insured peril or not. Yet, proximate and ultimate causes deal with questions of how and why and both have applications in other fields. to make (something) happen; to bring about; to be the means of. P. Kinsella, The kind whisper went to my heart like a dagger —Charlotte Brontë. Creative Commons Attribution/Share-Alike License; (legal) Immediately preceding or following in a chain of causation. The doctrine of proximate cause, which is common to all branches of insurance, must be applied with good sense so as to give effect to and not to defeat the intention. I don't want to cause you any inconvenience. In this case, there are two causes of the mishap. Many people love to talk about the causes of significant events in their lives (if I hadn’t missed the bus that day I would never have met my partner! In Criminal Procedure, Probable Cause is the reasonable basis for the belief that someone has committed a particular crime. You take the plaintiff as you find them. As we get older, this understanding becomes more complex. https://www.thefreedictionary.com/Proximate%2c+Unforeseeable%2c+and+Remote+Cause, [Middle English, from Old French, from Latin, [1175–1225; Middle English (< Old French) < Latin, to be in a good cause, to be for a good cause →. Insuranceopedia explains Proximate Cause In terms of property insurance, establishing a proximate cause may be crucial to determine coverage in cases wherein more than one peril contributes to a loss. 219, of the Family Code is unfounded. For one thing, defendant's negligence may be a cause of plaintiff's injury without being a proximate cause. Sometimes the remote cause is called the ultimate cause. In such a case a proximate cause can be distinguished from a remote cause. "Proximate cause is that which, in a natural sequence, unbroken by any new cause, produces the result which would not otherwise have occurred." There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. For instance, if you were to throw a feather at a friend, you could foresee that action not causing injury. The important point to note is that the proximate cause is the nearest cause and not a remote cause. Remote cause is a cause that is remote in efficiency in reference to injury or cause of loss as to be dismissed from consideration by the court. Proximate cause means the active, efficient cause that sets in motion a train of events which brings about a result, without the intervention of any force started and working actively from a new and independent source. In Valin’s novel, Final Notice, the descriptive frame of reference for the simile is a tattoo. Proximate cause vs. contributory negligence. You always use of, not 'for', after cause. Before someone may be arrested or searched by a police officer without a warrant, probable cause must exist. The doctrine of proximate cause, which is common to all branches of insurance, must be applied with good sense so as to give effect to and not to defeat the intention. For example, imagine an SUV sideswipes a car and injures the driver. Mr.A has taken a marine policyto cover the goods exported by him. Proximate cause is defined as the cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury and without which the result would not have occurred. Don't use 'because of' or 'due to' with cause. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. You had no cause to treat your wife so badly. defendant's negligence was the proximate cause of rescuer's injuries, four elements 1. defendant was No. Proximate cause is defined as the cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury and without which the result would not have occurred. Suppose in a causal series a causes B, B causes C. C causes D. Here D is the direct effect of C, but it is the result of all the preceding events such as A.B and C. (computing) To connect to a computer from a remote location. As adjectives the difference between proximate and remote is that proximate is close or closest; adjacent while remote is at a distance; disconnected. Succinctly, in the case of People vs. Villacorta (GR 186412, Sept. 7, 2011), penned by Chief Justice Teresita A remote cause is simply one which because of its having ceased to be actively efficient, or never having become actively efficient, in the result, is … This requirement is imposed to protect people from unreasonable or unrestricted invasions or intr… In Dingle , Justice Devlin wrote: "Where injury has been done to the plaintiff and the injury is indivisible, any TortFeasor whose act has been a proximate cause of the injury must compensate for the whole of it." cancer research and other deserving causes; Proximate, Unforeseeable, and Remote Cause, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Affect me [with revulsion] like the smell of a cheap cigar left smoldering in an ashtray —Jonathan Valin, The certainty [of his desire] landed in the bottom of my stomach like a flatiron —Mary Gordon, The change [in living accommodations] would be like going from Purgatory to Paradise —Louisa May Alcott, The conviction that I am loved and loving affects me like a military bracing —John Cheever, The effort made him choke like a tiger at a bone —Robert Frost, Every gesture … aroused a beat chant like the beat of the heart of the desert —Anaĩs Nin, (This city) exacerbates loneliness in me the same way that water makes Alka-Seltzer fizz —Pat Conroy, The general effect was exactly like a microscopic view of a small detachment of black beetles in search of a dead rat —John Ruskin, Has a disruptive effect … like a torpedo coming down Main Street —Anon politician on Gramm-Rudman Law, February, 1986, Has as little effect on me as water on a duck’s back —American colloquialism, attributed to South, Her absence felt like a presence, an electrical charge of silence in the house —John Updike, His death served to remind me, like a custard pie in the face, that life is sometimes like one big savage joke —Sue Grafton, (A blast of Prince [music] … ) hit me like a feather boa with a length of lead pipe in it —Jonathan Valin, Its [melancholy] effect upon you is somewhat similar to what would probably be produced by a combined attack of toothache, indigestion and a cold in the head —Jerome K. 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