example of intervening cause

This means that the defendant will still be responsible for the plaintiff’s injury unless the defendant has another defense. Cancer screening is an intervening variable that helps explain the relationship between SES (independent variable) and cancer mortality rate (dependent variable). The next natural question is, what is a superseding cause? 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. One day, Neighbor B decides to park A’s car on the street in order to do a project in her driveway. An intervening cause does not break the casual chain if it was foreseeable. A superseding cause is an unforeseeable intervening cause. 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. There are cases when a defendant argues that an “intervening cause” was the true cause of the plaintiff’s injuries. Even though the railroad workers could not … For example, security guard firing a pistol and injuring a bank employee because the defendant robbed the bank. Direct causation is where the defendant’s actions cause the plaintiff’s harm without the assistance of an intervening force. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. Change the example so that Henry pulls out a knife and chases Mary out of the garage. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. If the weather was reasonably foreseeable, however, this will not absolve the defendant of liability. Our goal is to be an objective, third-party resource for everything legal and insurance related. The most common intervening causes cited by defendants are natural forces and negligent human conduct. Intervening sentence examples. 37. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. Change the example so that Henry pulls out a knife and chases Mary out of the garage. 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. 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. 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 doesn’t influence our content. 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. Example of an Intervening Superseding Cause. Intervening Force: A force which comes into play after the defendant has committed his negligent act. The court said that the original negligent actor might still be liable if the intervening cause is foreseeable. Professors throw these terms around as if they are household words. In this example, income is the intervening variable in the relationship between education and spending. An example of proximate cause being confirmed in a factual causation case can be found in Palsgraf v. Long Island Railroad. [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. An intervening cause occurs when there is some interruption between the defendant’s conduct and the ultimate harm or result. 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. The result is that the person who started the chain of … Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Neighbor B agrees. Definition from Nolo’s Plain-English Law Dictionary. 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. Contractor A will still be liable for the damage to contractor B despite the driver's negligence in not taking medication. Review the example with Henry and Mary in Example of Legal Causation. Proximate Cause Example on the Long Island Railroad. 23. Coincidental and responsible intervening causes – An intervening act is a coincidence when the defendant’s act just put the victim in the wrong place at the wrong time, in which case the defendant is not the proximate cause unless the result was foreseeable. For example: Manny agrees to keep Ron’s horse in his corral for a week while Ron moves. Example of an Intervening Superseding Cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. 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. 9. 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. 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. … What sets an intervening cause apart from a superseding cause (discussed below) is that it is a foreseeable outcome of the person’s actions. Harm within the risk considers whether other people could have been injured by the defendant's actions. Find the right lawyer for your legal issue. 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. English examples for “intervening variable” - The intervening variable between the processes and structure is a function. All legal content, insurance rates, products, and services are presented without warranty and guarantee. In this case, the intervening phrase is of antique vases. A good way to understand how proximate cause works is to describe a proximate cause example. Here are a few examples of an intervening phrase: The collection of antique vases is very valuable. 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. 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. An intervening cause is an event that occurs after the defendant’s negligence that contributes to the plaintiff’s harm. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. From a judgment for the plaintiff, the defendant appeals. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. ... 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 …

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