Want High Quality, Transparent, and Affordable Legal Services? The court held that the proximate cause of death was the disease and the original accident was merely a remote cause. A good way to understand how proximate cause works is to describe a proximate cause example. Almost immediately there was a cyclonic storm and the ship sank. When the injury wouldn't have occurred but for the action on the defendant's part, proximate cause is proven. Proximate cause is an event or an activity that is nearly related to an injury that the courts assume to be the cause of that particular injury. For example, an explosion leads to a fire that burns portions of the policyholderâs home. Is the plaintiff among the people who could have foreseen he/she would be injured by the defendant's actions? Proximate cause can also be determined if a person could have foreseen the destructive costs of his actions and taken action to avert them. If it is determined this is the case, then is Mrs. Palsgraf part of this group of people? It was held that the proximate cause of sinking of the ship was torpedo (Leyland shipping Co. V. Norwich Union Fire Insurance Society, 1918). Certain states take into consideration the âbut forâ rule for proximate cause. For example, if a trespasser opens a gate on another person's property, and a stray dog walks through the open gate and kills the property owner's dog, the trespasser is responsible for the dog's death, even though the trespasser did not kill the dog himself. Returning to our warehouse example, if the court decides the proximate cause was the wind, then the damage should be covered. While suing that individual, one will have to prove that the negligence was the actual or proximate cause of the injury. The important point to consider here is that proximate cause is the only nearest cause and not the remote cause. Hire the top business lawyers and save up to 60% on legal fees. When a person is injured due to another persons or entitys negligence, he or she can recover economic and noneconomic damages that flow from the negligence. In real life, plaintiffs prove proximate cause 99.99% of the time. Proximate cause is an event or an activity that is nearly related to an injury that the courts assume to be the cause of that particular injury. At that time, marine policies covered vessels and cargo against the "perils of the seas"âgrounding, collision, allision, inrush of water, and so forth. Proximate cause is a legal concept applied to limit the scope of liability in a civil or criminal action. Determining Proximate Cause Through Different Rules, Civil Complaint Against Subway Vigilante Bernhard Goetz. Your submission has been received! negligent party is no longer responsible for the consequences of their actions is a limitation on liability refferred to as 5) Explain the doctrine of proximate cause. Give an example of this doctrine's application. Give an example of this doctrine's application. She sued the railroad for being negligent by not seeing the man had fireworks. ‘Causa causans’ denotes anything operating to … DOCTRINE OF PROXIMATE CAUSE In case an individual is injured due to someone elseâs negligence, one can easily claim damages due to the negligence at the end of that individual. A large tree from an abutting property fell on Chelseaâs Sunbeam Nursery School last night, severely damaging an entire wing of the building. The court ruled that there was no proximate cause of the workers' actions and in favor of the railroad. This is usually brought up when something has gone wrong, such as an automobile accident in which someone was injured, and refers to the non-injured partyâs legal responsibility for the event. Another possibility to consider is if another passenger was trying to get on the train when this incident occurred. According to Iowa State University, in a non-insurance lawsuit, the court considers the proximate cause to be the reason for the loss. Under the policy, goods have been insured against damage likely to be caused by sea water. A man ran to the platform of the departing train from the opposite side, and as the train was moving the man jumped on it but lost his balance.Â, Employees on the train and platform helped the main get on the train by pushing and pulling him in. Despite the resultant loss being water damage, the fire would still be the proximate cause of the incident. Subscribe to our newsletter to receive the latest updates about the law community. Proximate Cause & Foreseeability seeks to limit the scope of liability as are used to determine whether the conduct is negligent in the first place -as a general rule, only for those consequences of his negligence which were reasonably foreseeable It is not compulsory for that event to be the first one or the last one before the injury was caused, but it is the one because of which the injury was caused. The doctrine is phrased in the language of causation, but in most of the cases in which proximate cause is actively litigated, there is not much real dispute that the defendant but-for caused the plaintiff's injury. 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. Example: Driver of “Car A” runs a red light, and “Car B” which has a green light, swerves to avoid being hit. This was the minimum and proximate cause. 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