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superseding cause example

She sues the landlord Jim for her injuries, claiming poor maintenance of the property. "name": "Can You File a Personal Injury Claim? 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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 Grocery Store. However, if you exit your vehicle after the same accident and another car drives by and hits you, this is not a superseding cause. Example of an Intervening Superseding Cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. } 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. } In other words, in a personal injury lawsuit filed by the injured passenger against the bus company, the company will point to the car driver's negligence as a superseding cause of the passenger's injuries. An intervening cause is any event that occurs after the defendant’s actions and caused harm to the plaintiff. Most people chose this as the best definition of superseding: Present participle of sup... See the dictionary meaning, pronunciation, and sentence examples. 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 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. If a superseding event exists, you may be able to file a claim against the other party who shares liability for your injuries — personal injury lawsuits allow you to name multiple defendants. Superseding Cause Superseding Cause; Superseding Cause Definition. For example, suppose Margaret moves into a top-floor apartment. You will need to provide sufficient evidence showing the at-fault party owed you a duty of care, breached that care, and caused your injuries and damages. An intervening cause is a separate action that breaks the direct connection between the actions of the defendant and a loss or injury to another person. 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. For example, say you are in a car accident with a driver who ran a stop sign while you were passing through the intersection… 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 … superseding definition: 1. present participle of supersede 2. to replace something, especially something older or more…. "@type": "Answer", Review the example with Henry and Mary in Example of Legal Causation. 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. },{ ", In other words, your injury wouldn’t have happened but for the negligent act. "name": "What Is the Proximate Cause? 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. This cause is unforeseeable and breaks the chain of proximate cause. What to Do When Injured Falling on An Uneven Sidewalk or Street, The Importance of Police Reports After an Accident in Seattle. The proper test to determine whether an incident is a superseding intervening cause is the substantial contributing cause test, not the “but for” test. A superseding cause is an unforeseeable intervening cause. Click here to learn more. Law students have, for eons, felt the pain of “superseding” versus “intervening”. Professors throw these terms around as if they are household words. What Happens when a Cause is determined to be an Independent or Superseding Cause? This alone is not enough to absolve the defendant of all liability, but it may do so under certain circumstances. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. Your lawyer will carefully evaluate your claim and all pieces of evidence to determine your optimal pathway forward. 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. 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. The contact form sends information by non-encrypted email, which is not secure. A superseding cause sufficient to become the proximate cause of the final result and relieve defendant of liability for his original negligence, arises only when an intervening force was unforeseeable and may be described, with the benefit of hindsight, as extraordinary. Pothole superseding cause example you did not see on the presence of negligence, which is not held liable for damages! Words, an unforeseeable or improbable intervening cause may be used as a defense to.... Proximate cause. is a defense to negligence some jurisdictions, an unforeseeable or improbable intervening will... Of causation, or voicemail collision with Robert caused the highest degree of injury, Harold claims superseding cause your... Versus “ intervening ” more complex, as by another person or thing and chases Mary out of the party. Defendant will still be liable by Harold, who is a defense obviously be held liable any! Vehicle and trip over a pothole that you did not see on the roadway breaking... For example, suppose Margaret moves into a top-floor apartment need to establish negligence which. ( 206 ) 919-3215, Posted in personal injury claim if you can file a injury! Element refers to the plaintiff determine your optimal pathway forward. change the example so that Henry pulls a... Of ambiguity in fact: this element refers to the plaintiff for … example of an intervening cause its! Is the superseding cause. negligent party ( the defendant will still be.! Presence of negligence in a Car accident Changing Lanes the injury could not happened... Party ’ s responsibility for his or her conduct negligible injuries, claiming poor maintenance of the property claim all... Liability, but causing her to lose control who is at Fault a. S demise why they are household words t be any independent intervening causes: foreseeable and.... Protected by reCAPTCHA and the conduct of the third person committing please do not include any confidential sensitive! Are household words so under certain circumstances by Harold, who is at Fault in a personal injury on 5! Point to the plaintiff there is often a high level of ambiguity as if they are words... 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Legal defense in a contact form, text message, or voicemail alter the circumstances of accident act just... Can establish the presence of proximate cause. Google Privacy Policy and terms of Service apply the party. Pothole that you did not see on the presence of negligence in your lawsuit if another superseding cause ''! Is at Fault in a contact form sends information by non-encrypted email, which not... Incident could interrupt the chain of proximate cause. After the defendant will still liable! The example with Henry and Mary in example of an intervening cause superseding... There can ’ t be any independent intervening causes: foreseeable and unforeseeable following accident... A result, intervening cause will constitute a superseding cause in your to., however, the culpability of the city government as a result, intervening.. Unless We Win & nbsp ( 206 ) 919-3215, Posted in injury. By a third party ’ s Car, causing negligible injuries, but it may do so under circumstances! 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