A few months after moving in, the bathroom ceiling collapses on her, showering her with plaster, wood, snow, and ice. You’re right in the middle of one of the hardest parts of Torts (the proximate cause nightmare) and weird words are exactly what you need…. Hart David Carson LLP has the experience needed to help you recover what you’re owed, so contact us to review your case. "@type": "Answer", In that case, one defendant had gone into a ditch, and another defendant pulled the car out, resulting in both vehicles facing east on the south side of the highway. "@type": "Question", Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. During the COVID-19 crisis, Colburn Law is working and available to discuss your case with you. },{ An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. 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. You exit the vehicle and trip over a pothole that you did not see on the roadway, breaking your leg. An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. } However, since his act of driving drunk and Allison’s loss of control would be reasonably expected to result in an injury, the collision with Robert would be considered an intervening cause, but not superseding. There just so happened to be a small crack that had developed a few years back, allowing water to seep in, but not enough to make a visible leak in Margaret’s bathroom. 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. This scenario will not break the chain of proximate cause. Contact a Washington personal injury attorney as soon as possible following your accident to determine your next steps. If the at-fault party owed you a duty of care at the time of the accident, he or she is legally responsible for paying your damages. You can file a personal injury claim if you can establish the presence of proximate cause in your lawsuit.

If the intervening cause and its results could not have been foreseen, it is considered to be a superseding cause. She sues the landlord Jim for her injuries, claiming poor maintenance of the property. } However, after some investigation, it’s found that the collapse was actually due to some kids who’d sneaked up onto the roof and piled all the snow buildup over Margaret’s bathroom. If the intervening cause is foreseeable, however, the defendant will still be liable. A superseding cause is a cause of an injury that did not set the initial sequence of events in motion, but happened after the proximate cause and yet is still responsible for the injury. She sues the landlord Jim for … Superseding cause might be thought of as being a step above intervening cause. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, and it is also responsible for the injury. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. "@type": "Answer", A superseding cause is an unforeseeable intervening cause. This alone is not enough to absolve the defendant of all liability, but it may do so under certain circumstances. Your case may involve more than one proximate cause, and as a result, your case will become more complex. All personal injury claims rely on the presence of negligence, which involves proving proximate cause. ", Learn why they are important and how to use them on an exam.

Contact a Washington personal injury attorney as soon as possible following your accident to determine your next steps. In order for the intervening cause to be deemed superseding and relieve the tortfeasor of liability, both the act/event and the injury must be unforeseeable. Superseding Cause Superseding cause is a defense to negligence. Superseding. Suppose Allison is driving along a city road and is rear-ended by Harold, who is a tad drunk. However, if you exit your vehicle after the same accident and another car drives by and hits you, this is not a superseding cause. "text": "Proximate cause occurs when the at-fault party’s actions occur in an unbroken, direct sequence of events, without the presence of a superseding cause, and causes your accident or injury directly. The high winds and abandoned refrigerator in this example are a superseding cause – something that simply could not have been foreseen, and which occurred after Manny put the horse into a damaged pen. Professors throw these terms around as if they are household words. Superseding Effect. "acceptedAnswer": { This Agreement supersedes all prior agreements between you and the Company relating to the subject of your personal services and severance benefits, including the letter agreement dated September 14, 1993, which is hereby terminated.The provisions of this Agreement may only be amended by written instrument signed by you and a member of the Board of Directors. The proper test to determine whether an incident is a superseding intervening cause is the substantial contributing cause test, not the “but for” test. These types of scenarios typically involve a high level of ambiguity, so it’s important to have a lawyer on your side who is able to navigate the process intelligently. "acceptedAnswer": { A superseding cause disrupts the causal chain because the link between the defendant’s conduct and the plaintiff’s injury no longer exists. },{ Example of an Intervening Superseding Cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. Most people chose this as the best definition of superseding: Present participle of sup... See the dictionary meaning, pronunciation, and sentence examples. For example, assume that contractor A was responsible for fencing or marking a hole in the ground and negligently fails to do so while contractor B … the intervening or superseding act is just one factor in determining if an. Superseding Cause Example in Negligent Homicide "acceptedAnswer": { You can file a personal injury claim if you can establish the presence of proximate cause in your lawsuit. "mainEntity": [{ Review the example with Henry and Mary in Example of Legal Causation. 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