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Proximate Cause

What are Intervening Causes?

What are Intervening Causes?

Intervening causes are an added cause that occurs after the main cause by a defendant.
 
 
Normal intervening causes are mainly seen as foreseeable and ones in which the risk can be addressed, prior to their occurrence. Usually in these cases liability is imposed upon a defendant for the damages sustained due to these consequences. These causes are found in any 'normal' situation and are capable of happening under certain justifiable circumstances. 
 
 
It is highly important to assess the possible intervening risks that remain for any existing risk, in other to fully attempt to diminish them prior to an actual occurrence happening. Preventive measures against such risks assist in reducing liability to a defendant over a plaintiff's negligence claim

Scope of the Problem with Proximate Cause

Scope of the Problem with Proximate Cause

One of the common issues dealing with proximate cause lies with the term itself. For a long time, there has been an increased discussion as to the term "proximate" being put before the word cause, referring to an 'actual' cause leading to a legal issue. 
 
 
In general, the term proximate is defined as near, or close, so to apply it to a legal term that is supposed to describe an actual cause may seem misleading. However, this is perhaps seen as one of the minor issues due the fact that an extensive understanding of the term over many years in the court systems
 
 
Numerous discussions deal with the reach of proximate cause as a general extent, to where causes may be determined. Two of these contradicting theories encounter the scope of liabilitynegligent
 
 
The issues in determining proximate cause also deal with the following: the simple fact of determining the culpability of the defendant in bringing an injury to a plaintiff, also the disbursement of damages regarding the injury, liability as it pertains to foreseeable consequences, and also any additional contributing parties to the injury. All these problems contribute to a great deal of confusion when making a determination of causation in a case, and can delay its outcome. 
 

Unforeseeable Consequences of Negligence

Unforeseeable Consequences of Negligence

Unforeseeable consequences deals with additional outcomes to an injury that could occur, without the realization or knowledge by a person found negligent damages
 
 
The main reason behind a defendant being held liable for negligence, and damages, is when the act was clearly 'foreseeable' and caused directly by the probable and natural consequences of an act that was done by the defendant, or an act that the defendant failed to take part in. 
 
 
This does not include any outside contributing factors, including actions by the plaintiff themselves. Unforeseeable consequences are harder to prove and demonstrate, and make for tedious research. Sometimes  points like these are the main contributing factors to controversy in tort law, and more specifically in negligence cases, which adds to the reputation of such cases.