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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. 

A Helpful Introduction to Torts

A Helpful Introduction to Torts

What are Torts?:
A tort is a civil wrong committed against someone, in which the injured party can sue for damages. In personal injury cases, the injured party will attempt to receive compensation to cover losses due to medical expenses and to pay for damages.
Tort law determines whether a person may be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are four elements to tort law: duty, breach of the duty, causation, and injury. In order to claim damages there must be a breach in the duty of the defendant to the plaintiff which results in injury to the plaintiff. The three main types of torts are negligence, strict liability, and intentional torts.
Tort, Crime, and Punitive Damages:
Torts are civil wrongs that are committed against an individual and cause harm to that individual. Sometimes, depending on the nature of a tort, it may also be considered a crime. Intentional torts occur when the defendant is aware that his actions will cause injury to another. In cases of intentional torts, criminal prosecution may be brought against a defendant as well as civil action.
There are two types of damages claimed in tort law: compensatory and punitive. Punitive damages are exceptional damages offered to the plaintiff when the injuries caused by the defendant were particularly heinous in nature, and are often awarded in intentional torts. The purpose of punitive damages in tort law is to punish the defendant for wrongdoing, deter future wrongdoing, and reward the plaintiff for pain and suffering.
Policy and Process:
Because the process of developing tort law is influenced heavily by precedence, there is a common public interest in the outcome of tort cases. The public has good reason to expect that they may be affected by the same policy in the future. Tort law deals with the process of weighing the interests of both parties in order to achieve a fair outcome, which can often be achieved by applying policy.
However, when a court decides a case where no precedence has been set, they are affecting future policy. The process of developing tort law is constantly changing due to rulings in issues of first impression and by overruling outdated precedents.
Factors Affecting Tort Liability:
In order to determine liability in tort law, a court must decide whether the act committed by the defendant was unlawful and if there is a need for the defendant to compensate the plaintiff for the injuries incurred.
Precedence is a large part of tort law; past judicial decisions will effect the opinion of the court. How each of the parties will bear the loss is also considered in determining liability. If the defendant is a larger group with the ability to shift its losses, as opposed to the plaintiff who may be financially ruined due to the injuries incurred, the courts may find a greater reason to hold the defendants responsible. The court will also determine whether the defendant’s actions are due to negligence or a strict liability tort.
Motive:
Motive is the reasons behind a person’s actions and may be broken down into intent and ulterior motive. Motive is taken into account in determining liability especially in cases where the defendant’s and plaintiff’s argument is evenly matched.  Especially in cases of aggravated offenses, such as fraud, violence, or cruelty, the defendant’s improper motive will make it more likely for the plaintiff to receive punitive damages, which reward the plaintiff for pain and suffering.
In regards to personal injury law, motive is examined based on negligence and intentional torts. A person’s motive in cases of negligence, when careless actions cause harm, is not to intentionally injure the plaintiff. Intentional torts, however, include motives to cause harm to another person.
History- Trespass and Case:
Historically, a plaintiff could not bring suit against a defendant without obtaining a writ from the King which demanded that the case be heard before the courts. This system was very strict and only allowed for a plaintiff to collect damages under only two conditions: the action of trespass or the action of trespass on the case. The action of trespass is primarily related to criminal action- direct injuries to a plaintiff caused by a defendant.
Trespass on the case deals injuries that could be traced back to the defendant’s actions as a secondary cause. If the defendant’s actions indirectly set into motion other actions which injured a plaintiff, the defendant could be held liable for trespass on the case. This concept of holding a defendant liable for causing injury to another and forcing the defendant to compensate for these injuries is where modern tort law originated.
General Plan:
In order to file a claim for personal injury and hold a defendant liable for compensation, a plaintiff must file a complaint and summon the defendant. This must be done within the statute of limitations, which is typically three years from the time of the accident. It is beneficial for a plaintiff to file a lawsuit immediately because there is a process of discovery and depositions which must take place before the case goes to trial.
During this process all evidence and witnesses may be examined and questioned by both parties’ attorneys. The parties are also given the option to settle the case, which may be facilitated by a mediator. If no settlement is reached, the case proceeds to trial where a judge or a judge and jury decide the case.

A Full Overview of Products Liability

A Full Overview of Products Liability

 

Products Liability is a field of tort law which concerns the responsibility of the manufacturer or vendor of a product to ensure that products are safe and do not cause injury.

Products subjected to liability include all consumer goods, medical devices, commercial/personal vehicles, aircraft and consumable goods such as food and prescription drugs. As it is the duty of a product vendor or manufacturer to produce/supply a product which will not cause harm during normal use, manufacturer/vendors of unsafe products are subject to recovery for damages. Contact a product liability lawyer to consult your case.

Theories of Recovery: 

Theories of Recovery are the principals upon which a customer may seek compensation for injuries or inconveniences resulting from their use of an unsafe product.  When seeking recovery, the buyer must present cause of action for tort, which may be from bodily injury, property damage, or pain and suffering resulting from the intended use of an unsafe or defective product.  Three theories of legal recovery under product liability law are Recovery under Manufacturer's Defect, Recovery under Insufficient/Unclear warnings or instructions, and Recovery under Design Defect.

Types of Losses: 

Product liability losses resulting from defect may net economic loss compensation for the buyer or victim of harm.  While physical injuries resulting from contact or use of a defective product usually are filed as negligence tort, the pain and suffering incurred in the aftermath of those injuries may also be filed for as Intangible Economic Losses.  Products with defects also may be held in breach of warranty if normal uses reveals a manufacturing defect, or if the product cannot be used to fulfill its intended purpose.

Negligence & Liability for Physical Harm:

The proof of negligence in tort law requires that the plaintiff assert error or neglect on behalf of the seller to render safe, usable products to the market. Sellers engaged in business of product sale must deliver a functioning product that is not "unreasonably dangerous" during normal use.  Product buyers who are harmed physically or suffer property damage from defects may sue for product negligence.

Meaning of Dangerously Defective or Unsafe Products:

In product liability tort, a vendor may be liable for prosecution if the product is Dangerously Defective or Unsafe. A defective product is defined as a product which is unreasonably dangerous to the user when used for its intended purpose without any interference. Victims of injury resulting from the use of unsafe products with defects may be entitled to sue as tort for damages.  If the product can be proven as defective or unsafe, the plaintiff may claim damages from physical injuries, property damage, and pain and suffering from the like.

Contributory Negligence, Misuse, and other Intervening Misconduct: 

Contributory Negligence, Misuse and Intervening Misconduct are forms of defense to torts of negligence.  When a plaintiff claims product liability in tort, the vendor may allege that there was fault on behalf of the buyer which negates the original claim.

If a defendant successfully raises a contributory negligence, misuse or intervening misconduct, he or she is not liable for the original tort. Contributory Negligence is negligent behavior on behalf of the plaintiff which contributes or is the cause of the damages claimed in tort. Misuse is use of the product in question for anything other than its intended purpose.  Intervening Misconduct is any interference by a third party which may be to blame for the damages in tort. 

Proof:

In product liability tort, the burden of proof can vary case by case.  This is generally due to the fact that there are many claims and counter-claims available for the plaintiff and defendant of a product liability lawsuit, each with their respective burden of proof.
In such torts, the plaintiff is tasked normally tasked with finding fault with the defendant's product, while the defense is tasked with attributing blame for the injury to the plaintiff's negligence or misuse.  Generally, for every theory of recovery in products liability, there is an appropriate standard defense.  Product liability is a well-rehearsed field of tort, and is more tightly-constructed than other fields of personal injury and tort.

The Relationship Between Lessor & Lessee

The Relationship Between Lessor & Lessee

The agreement between a lessor and lessee occurs when the ownersell 
After the transfer of land to a lessee, the lessee is given the entitlements of owner and occupier over that land. This means that the lessee will inherit both the power and the tasks and responsibilities that come with being an owner of a land. This dissolves the lessor of any prior responsibilities
In a lease agreement, the lessee is also responsible for complying with the payments established by the lessor at the proposed time. This includes payments made initially, as well as payments that a lessee may incur on a monthly basis. The payments must be made on time, and they do include a grace period (usually 5) days, in order to be in good standing with the lessor and credit. At the point of signing, the lessor is released from any responsibilities over that land that are or are not mentioned in the lease agreement. 
Since such details as well as others are significant to the understanding of a lease and its entitlements, it is likewise of high importance that the lessee review a lease agreement carefully and make sure that all items in it are discussed. This can prevent any confusion, and future disagreements between the lessor and lessee.

The Tort Law Behind Licensees

The Tort Law Behind Licensees

People who become licensees by receiving the consent to occupy or use a particular land are usually dubbed “naked” or “bare” licensees. This may be an unpleasant name for such a person, but they are referred to as such due to the fact that their consent is the mere factor that differentiates a licensee from a trespasser.

Abnormally Dangerous Substances or Activities

Abnormally Dangerous Substances or Activities

Stemming from all the way back into the late 19th century, strict liability concerning dangerous substances such as toxic wastes has been a growing issue and area of practice. Instances concerning these usually involve those in which commonly-held hazardous materials are maintained in equally dangerous areas. 
It would be different, for instance, if explosives were stored in a city as opposed to a more isolated rural area. If an explosion were to take place in the rural region, strict liability would not be imposed on the the explosives itself, but instead on the way in which they may have been stored incorrectly. In addition to explosives, the following are examples of dangerous substances: sewage accumulation, flammable liquids, and toxic fumes.
In terms of the plaintiff filing suit against the defendant in reference to their use of dangerous substances, such as toxic wastes, the former must make sure of three qualifications to provide an adequate case against the latter. These include: the risk of injury stemming from the failure of the defendant’s safety precautions, the futility existent in the defendant’s attempt to eliminate any risk of injury, and the eventual harm that has arisen from their handling of such abnormally dangerous substances. 
Intent also does not present any type of defense as the court will not take into account any presence or lack thereof of intentions in connection to the incident involving liability attached to dangerous substances or activities. Examples of such dangerous activities include the following: “demolition,” transportation of hazardous chemicals, inadequate disposal of toxic wastes, and “radioactive emissions.” Another such dangerous activity would be the harboring of wild animals who are deemed as dangerous to society and possibly even illegal to maintain as household animals in neighborhoods. 

How Tort Liability Handle Fire Hazards

How Tort Liability Handle Fire Hazards

In relation to fire hazards, individuals are held liable depending upon whether or not they started the fire or even if products were flammable to begin with and lacked the adequate warning to inform the consumer of such a vital piece of information. If, products are at the center of such a liability attached to them as fire hazards, the following must exist: there must be proof that they posed danger as being “highly or unusually flammable,” this defect caused the harm from the fire, and this same defect was present at the time of the original sale as well. Acknowledging rights attached to cases concerning animal liability and fire hazards is important to the safety of everyone.

What To Know About Proximate Cause

What To Know About Proximate Cause


Causation in Fact Proximate Cause- Scope of The Problem
            
The scope of the problem with proximate cause lies in a few different areas, especially in its name. The name given to the direct cause of an accident or incident leading to injury, is referred to as ‘proximate’. The term proximate has long been known to mean near, or in the vicinity of, not actual. 
This gives a misconception to the name, as if the cause was near as opposed to, the actual one. Other issues arise deeper within proximate cause, and that is with the scope of liability and its extent. Controversy exists as to where liability should be extended to a defendant, based on their responsibility or duty. Along with these two issues, there are several more controversial ones that exist within the realms of proximate cause. 
Unforeseeable Consequences
    
Unforeseeable consequences are occurrences that could not be held liable against a defendant, due to their unprecedented risk. The fact that the risks related to these consequences happening are not clear and evident, makes it impossible for a defendant to be aware of them. By not being aware of these risks, a defendant could not have prevented the resulting cause. Sometimes unforeseeable consequences occur due to an unforeseen intervening cause, that happened to occur at a time in other to contribute to the accident. The absence of knowledge or existence of these factors relieves the duty of responsibility of a defendant, over the plaintiffs. Most cases relating to unforeseeable consequences are ruled in favor of the defendant, absolving them from damages pertaining to the plaintiff.
Intervening Causes
Intervening causes in a negligence case deal with contributing factors that interfere with the outcome of a direct cause. These causes usually alter the result of the original cause, and occur at a different time. These causes have additional consequences to the plaintiff and may worsen their situation. Intervening causes may not be attached to a defendant, especially if they are merely existent due to another contributing person or factor. 
Natural causes such as weather may be held as a responsibility to a defendant, and must be addressed in terms of safety. Criminal acts are also acts that may be intervening causes that pose a responsibility on the defendant. The defendant must protect the persons under their duty or responsibility from a series of different factors at given time.                 
                                                                                                                                                                              

Functions of Court & Jury
The purpose of a jury in a negligence case is to make a verdict based on the evidence presented. In the court, the jury reviews all evidence in terms of proximate cause, intervening causes, foreseeable/unforeseeable risks, etc.. Using this information they then look at the responsibility or duty of a defendant and decide whether it was their ‘job’ to protect the plaintiff from the occurrence or accident that happened.
If it is decided that it was the defendant’s duty to conduct an act, they may be held negligible for the accident occurred. Once this happens, the defendant is liable for all damages that the plaintiff sustained.

The Best Remedies for Misrepresentation

The Best Remedies for Misrepresentation

Misrepresentation represents a unique facet under tort law, especially when under the auspices of  In tort law, misrepresentation, in most of its forms, represents a core violation to the standard of care, which is used in the determination of culpable negligence. 
Under tort law, when misrepresentation can be found to have caused the victim of it to have incurred some form of appreciable loss, then the victim has the opportunity to pursue legal remedies for their loss from the party who misrepresented the original product or service.
While tortious misrepresentation usually stops short of contracted agreements (which themselves fall under the auspices of contract law), under British Common Law, due to the UK’s Misrepresentation Act of 1967, remedies from contractual misrepresentation can be acquired under tort law. and are thus covered under tort law as opposed to contract law.  
Interestingly, a party accused of misrepresentation under common law can be accused of misrepresentation even if they entered into a contract within good faith, as the standard of the contract implies that it is the responsibility of the misrepresenting party to determine that they are able to enter into the agreement.  
In the case of an unintended misrepresentation, which entails specific negligence, it is often more common to pursue remedy under the auspices of statute law, as it shifts the burden of proof to the individual making the misrepresentation, while in tort it falls on the plaintiff to establish that misrepresentation occurred.
The primary and most desired remedies in a case of misrepresentation is typically rescission of the agreement, which, effectively, is an effort by the complainant to remove themselves from a binding agreement that was made due to the misrepresentation.  
There are instances where rescission is not possible, mainly in situations where it is impossible to restore a situation to how it was before entering a contract (which can then be used to ascertain if losses have occurred
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