proximate cause

proximate cause: proximate cause see cause 1

proximate cause: See: direct and proximate cause

Category: Small Claims Court & Lawsuits

proximate cause: An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.

proximate cause: I
An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.
II The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.

proximate cause: n.

a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter.

See also: intervening cause, negligence

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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 — 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,… … Black's law dictionary
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

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proximate cause

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