The trial court agreed with Petty and entered judgment in his favor. Proposed changes and reorganization of jury instructions for civil cases for products liability 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. For example, suppose the defendant poked an associate in the chest during a friendly discussion around a watercooler, and the associate subsequently jumped out a window. But it can be done, Interpretatio fienda est ut res magis valeat quam pereat, Interpretatio talis in ambiguis semper fienda, Interruptio multiplex non tollit praescriptionem semel obtentam. To explore this concept, consider the following superseding cause definition. 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. - English Only forum be (the) very efficient bussinesswomen [article with plural?] Published under license with Merriam-Webster, Incorporated. Schlosser, William L. Intervening Cause. However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury. and The Law Dictionary, About| Terms | Privacy | Legal Questions, Written and fact checked by The Law Dictionary. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. 1933), illustrates how the doctrine of intervening cause works. 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. For example, an explosion leads to a fire that burns portions of the policyholder’s home. For example, assume that a farmer agrees to store a large, heavy sculpture for an artist. New Mexico Law Review 30 (spring): 325–49. 1998. Definition from Nolo’s Plain-English Law Dictionary. Cohen herself testified that shortly before the accident, she heard Petty exclaim to his wife that he felt sick. An intervening cause is one that arises after a defendant's negligent act and is not foreseeable. Thus, the "causal connection" between the wrong and damages is broken by the intervening cause. Definition of Proximate Cause. The fourth and last type of cause is the end or goal of a thing—that for the sake… See more. A tornado throws the sculpture several thousand feet, ruining it. The judge or jury asks whether a reasonable person would have anticipated a tornado. That which causes a negative event, such as an injury. Other jurisdictions do not use the term superseding cause. A dependent intervening cause is one that is not an act and is never a superseding cause. According to the appeals court, the sudden illness was an intervening cause. Civil and criminal defendants alike may invoke the … 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. Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. This requirement is imposed to protect people from unreasonable or unrestricted invasions or intr… The efficient proximate cause is not necessarily the last act in a chain of events. efficient cause definition in English dictionary, efficient cause meaning, synonyms, see also 'efficiently',efficiency',effect'. Liability for negligently disabling or failing to repair a traffic signal: absolute immunity in the Third District? Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. If the artist sues the farmer for damage to the sculpture, the farmer may argue that the tornado intervened between her negligent storage and the damage, relieving her from any liability. 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. This means that the defendant's conduct must have played a substantial part in bringing about or directly causing the injury or loss. 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 independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. 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. 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. 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. efficient intervening cause — An intervening efficient cause is a new and independent force, which breaks the causal connection between the original wrong and the injury, and is the proximate and immediate cause of the injury. The most common intervening causes cited by defendants are natural forces and negligent human conduct. Cause definition is - a reason for an action or condition : motive. ... — called also efficient intervening cause, intervening cause — compare concurrent cause and intervening cause in this entry - English Only forum booster is the most efficient air booster to use - meaning? To explore this concept, consider the following superseding cause definition. 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. n. 1. It relieves a defendant of liability unless it was foreseeable by the defendant. Not all intervening causes relieve a defendant of liability. Definition from Nolo’s Plain-English Law Dictionary. A superseding cause is an unforeseeable intervening cause. Generally, extraordinary weather conditions are deemed an unforeseeable intervening cause. The author in 22 R.C.L. Efficient definition: If something or someone is efficient , they are able to do tasks successfully, without... | Meaning, pronunciation, translations and examples 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 … Drug Decriminalization Laws Setup For Rehaul Throughout US, Why Trump’s Lawsuit Tactics Won’t Turn The Election. 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. 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. Noun . Efficient proximate cause: states that an insurer may only avoid coverage where it proves that an excluded peril is the “efficient proximate cause” of the loss. Proximate cause is an act, whether intentional or negligent, that is determined to have caused someone else’s damages, injury, or suffering. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. My new car is very fuel-efficient, and it gets 40 miles per gallon. Compensatory vs. Punitive Damages: What’s the difference? How to use efficient in a sentence. Translations 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. On appeal the Court of Appeals of the District of Columbia affirmed. 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. cause 1. a. a ground for legal action; matter giving rise to a lawsuit b. the lawsuit itself 2. efficient cause TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. 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. Search for a definition or browse our legal glossaries. Efficient proximate cause is the one that sets others in motion. The state or quality of being negligent. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. Loehr, Cynthia. For instance, one doctrine (a version of efficient proximate cause) raises this conundrum regarding business interruption coverag… Next, the fact-finder considers whether the farmer could have foreseen damage resulting from outdoor storage. Other articles where Efficient cause is discussed: metaphysics: Aristotelianism: The notion of an efficient cause has a role in Aristotelianism. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. “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's wife, Theresa Petty, who was sitting in the front passenger's seat, testified that just before the accident, Petty said, "Oh, Tree, I feel sick." 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. Intervening Cause Law and Legal Definition. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. 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. 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. "Tort Law—The Doctrine of Independent Intervening Cause Does Not Apply in Cases of Multiple Acts of Negligence." The definition of efficient is being productive with minimal effort. Therefore, a First Cause exists (and this is God). Actual Loss or Damage Loss or damage resulting from the real and substantial destruction of property of another or physical injury to another. To take away the cause is to take away the effect. Noun. 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. This has an effect on who should be held liable for the damages caused by the accident. 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 … AMI 503 Intervening Proximate Cause—Definition and Effect—Burden of Proof (Defendant) contends and has the burden of proving that following any act or omission on [his][her][its] part an event intervened that in itself caused damage completely independent of [his][her][its] conduct. Comparing efficient, effective, and proficient Synonym Discussion of efficient. 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. Res Gestae 42 (July): 16. n. an event which occurs between the original improper or dangerous action and the damage itself. Efficient definition is - productive of desired effects; especially : capable of producing desired results with little or no waste (as of time or materials). 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. Cohen v. Petty, 62 App. This is a "but for" situation, in which the intervention becomes the real reason harm resulted. We are losing too much revenue; we need a more efficient means of production. In Criminal Procedure, Probable Cause is the reasonable basis for the belief that someone has committed a particular crime. 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. Efficient Intervening Cause efficient intervening cause see cause. 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. The sculpture is designed for outdoor display, so the farmer leaves it in her backyard. Definition of Superseding Cause. Intervening cause synonyms, Intervening cause pronunciation, Intervening cause translation, English dictionary definition of Intervening cause. If there be no first cause then there will be no others. : 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 — What’s the difference between the insanity plea and incompetency? 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. Under these facts the tornado may be deemed an unforeseeable intervening cause of the damage to the sculpture, and the farmer may avoid liability. The law of causation is a prime example of the information few people know about and even fewer use when purchasing insurance. 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. [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. Fake News: History, Laws, & Is It Going To Ruin The Election… Again? To take away the cause is to take away the effect. (13) Foreseeable intervening forces are within the scope of the original risk and, thus, within the scope of the defendant's negligence. Since the artist made the sculpture for outdoor display, damage to the sculpture from outdoor storage may be considered unforeseeable. How Do You Look up License Plate Numbers? An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. 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. 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. 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. 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. D.C. 187, 65 F.2d 820 (D.C. Cir. The sudden sickness and fainting spell were, Petty claimed, an intervening cause that relieved him of liability. Efficient cause definition, See under cause (def. It is not possible to regress to infinity in efficient causes. Before someone may be arrested or searched by a police officer without a warrant, probable cause must exist. 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. The Argument from Efficient Cause: There is an efficient cause for everything; nothing can be the efficient cause of itself. 8b). Petrol's negligence is an intervening cause which gets Flameout off the liability hook. Reasonable Suspicion. It is not possible to regress to infinity in efficient causes. For example (as … 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 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. 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. "Intervening-Cause Defense: Is It Still Viable Under Comparative Fault?" The Argument from Efficient Cause: There is an efficient cause for everything; nothing can be the efficient cause of itself. Definition of Superseding 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. It is, however, a subordinate role and yields pride of place to a different idea—namely, form considered as… Enrich your vocabulary with the English Definition dictionary Some jurisdictions use two terms to define the intervening cause doctrine: intervening cause and superseding cause. Origin of Proximate. (See: cause, negligence). The Law DictionaryFeaturing Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. Two types of intervening causes are considered: dependent and independent. intervening cause Primary tabs. This has an effect on who should be held liable for the damages caused by the accident. , Laws, & should You Bother Won ’ t Turn the Election for negligently disabling or to!, Probable cause must exist Appeals court, the fact-finder considers whether the farmer leaves in. An antecedent cause but in no way resulted from that cause volcanic eruptions, and the itself... Or stated on this website, including Dictionary, efficient cause definition for Rehaul Throughout US Why... Or physical injury to another considers whether the farmer 's liability is a Question fact. An event which occurs between the original improper or dangerous action and the of. 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