When these words are added to a phrase it is often referred to as an intervening clause. Intervening Causes - another but-for cause that comes in after D's voluntary act that operates in producing social harm Act of God Act of independent third party that accelerates or aggravates the harm caused by D or which causes it to occur in an unexpected manner. What Happens when a Cause is determined to be an Intervening Cause? If the weather was reasonably foreseeable, however, this will not absolve the defendant of liability. An intervening cause is an event that occurs between the defendant’s original negligent act and the injury suffered by the plaintiff. [What things cause controversy? Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. In this example, income is the intervening variable in the relationship between education and spending. A tornado throws the sculpture several thousand feet, ruining it. However, if the bar patron intentionally threw the cigarette butt into the gasoline because he wanted to see it ignite, this intentional act would likely be deemed unforeseeable, and therefore superseding. An intervening cause occurs when there is some interruption between the defendant’s conduct and the ultimate harm or result. 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. intervening cause; intervening cause Primary tabs. For example, security guard firing a pistol and injuring a bank employee because the defendant robbed the bank. However, a superseding cause is also one that the defendant could not have reasonably foreseen. The most common intervening causes cited by defendants are natural forces and negligent human conduct. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Foreseeability is often the key to the validity of an intervening cause. Change the example so that Henry pulls out a knife and chases Mary out of the garage. Neighbor B agrees. Do not be confused by intervening words ending in -s, such as always and sometimes. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. See People v.Acosta for a great example.. Law students have, for eons, felt the pain of “superseding” versus “intervening”. Usually in these cases liability is imposed upon a defendant for the damages sustained due to these consequences. From a judgment for the plaintiff, the defendant appeals. [16] 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. Example of Intervening Cause For instance, take a vehicle accident. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. What sets an intervening cause apart from a superseding cause (discussed below) is that it is a foreseeable outcome of the person’s actions. George, who was on his phone at the time, was distracted as he was going through an intersection and ended up running a red light as Sally was heading through. An intervening cause occurs when there is some interruption between the defendant’s conduct and the ultimate harm or result. A dependent intervening cause is an event relying on a defendant’s conduct. For example, income is an intervening variable that helps explain the relationship between level of education (independent variable) and spending (dependent variable). The existence of an intervening event does not automatically mean it will get the defendant off the hook. George, who was on his phone at the time, was distracted as he was going through an intersection and ended up running a red light as Sally was heading through. This is because the child’s actions happened after the adult left out the gun, and caused the injury. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. If, as this paper argues, the intuitions underlying the distinction between dependent … And we could find intervening variables for why lightning heats up air, and why sudden changes in air pressure cause sounds. Example of Intervening Cause. Usually, the intervening variable is caused by the independent variable, and is itself a cause of the dependent variable. This paper argues that the distinction between dependent and independent intervening causes ultimately is rooted in a deeper distinction between two kinds of coincidence, one of which is, as a general rule, more improbable than the other. Direct causation is where the defendant’s actions cause the plaintiff’s harm without the assistance of an intervening force.Indirect causation exists when an intervening force comes into play after the defendant has committed his negligent act and this intervening force either extends the plaintiff’s injuries or combines with the defendant’s act to produce plaintiff’s injuries. Jeffrey Johnson Dependent Intervening Force: An act of a third person which is considered a normal response to the defendant's act. 146 (1910), https://en.wikipedia.org/w/index.php?title=Intervening_cause&oldid=989803523, Articles needing additional references from November 2020, All articles needing additional references, Creative Commons Attribution-ShareAlike License, This page was last edited on 21 November 2020, at 03:14. 37. [2], Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166 (NY Ct App, 1980); McCoy v. American Suzuki Motor Corp., 136 Wash.2d 350, 961 P.2d 952 (Sup Ct. Wash 1998), Learn how and when to remove this template message, Intentional infliction of emotional distress, Negligent infliction of emotional distress, Watson v. Kentucky & Indiana Bridge & Railroad Co., 137 Ky. 619, 126 S.W. App. Here are a few examples of an intervening phrase: The collection of antique vases is very valuable. … This alone is not enough to absolve the defendant of all liability, but it may do so under certain circumstances. Here is how to conduct an analysis to determine if a defendant is still liable in the presence of one or more intervening causes: This means that the defendant will still be responsible for the plaintiff’s injury unless the defendant has another defense. n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. For example, an adult leaves a loaded gun on a table, where there are children playing nearby. The subject, proposals, is plural.] Since she was a pedestrian on the platform, then this is the case. For example, if Ed injures Joe, which results in Joe going to the emergency department, and while there, Joe is shot and killed, Joe's being shot is an independent intervening cause. 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. Lightning causes thurnder. Plaintiff's theory, of course, is that defendant's antecedent negligence caused plaintiff to be in the situation which [58 Cal. She leaves the car parked on the street for several days, during which time a hurricane blows through the area, damaging the car. We update our site regularly, and all content is reviewed by experts. Cancer screening is an intervening variable that helps explain the relationship between SES (independent variable) and cancer mortality rate (dependent variable). Example of an Intervening Superseding Cause. What Is Considered an Intervening Cause? The next natural question is, what is a superseding cause? There are cases when a defendant argues that an “intervening cause” was the true cause of the plaintiff’s injuries. The government's proposals about preserving the environment cause controversy. Examples of Intervening Causes. If it is determined this is the case, then is Mrs. Palsgraf part of this group of people? Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia in Malette v Shulman[1], “the right of self-determination which underlies the doctrine of informed consent also obviously encompasses the right to refuse medical treatment. An intervening cause does not break the casual chain if it was foreseeable. Negligent human conduct is conduct that exposes a person to abnormal risks. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. For example, imagine that Neighbor A’s house is being renovated, and that he asks Neighbor B if he might store his car in Neighbor B’s driveway during the renovation. A good way to understand how proximate cause works is to describe a proximate cause example. Written by Example of an Intervening Superseding Cause. Here are a few examples of an intervening phrase: The collection of antique vases is very valuable. 9. Example of an Intervening Superseding Cause. An intervening cause does not break the casual chain if it was foreseeable. Intervening sentence examples. When these words are added to a phrase it is often referred to as an intervening clause. Change the example so that Henry pulls out a knife and chases Mary out of the garage. In other words, the intervening cause wouldn’t happen unless the defendant acted. In this case, the intervening phrase is of antique vases. See People v. Acosta for a great example. A superseding cause disrupts the causal chain because the link between the defendant’s conduct and … The subject, collection, is singular.] Mary escapes Henry and hides in an abandoned shed. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Professors throw these terms around as if they are household words. Such a defense could help Neighbor B avoid liability for the damage done to Neighbor A’s car. An intervening cause is an event that occurs between the defendant’s original negligent act and the injury suffered by the plaintiff. Neighbor B can further assert that it was unforeseeable that the car would be damaged by moving it from the driveway to the street. 12. In 1927, the Plaintiff, Mrs. Palsgraf, was standing at the end of a long train platform waiting for a train at the Long Island Railroad Station. One day, Neighbor B decides to park A’s car on the street in order to do a project in her driveway. In this case, the intervening event was the real reason the injury was suffered. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. For example, if a defendant had carelessly spilled gasoline near a pile of cigarette butts in an alley behind a bar, the fact that a bar patron later carelessly threw a cigarette butt into the gasoline would be deemed a foreseeable intervening cause, and would not absolve the defendant of tort liability. Smoking cigarettes causes lung cancer. An intervening cause is any event that occurs after the defendant’s actions and caused harm to the plaintiff. The event as well as the resulting injury must have been unforeseeable to a reasonable person. is commonly registered, with intermediate quantities at intervening localities. Intervening phrases often use prepositions such as to, for, with, including and together. As a result, intervening cause may be used as a legal defense in a civil lawsuit. According to Robin J.A. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. Intervening Force: A force which comes into play after the defendant has committed his negligent act. Proximate Cause Example on the Long Island Railroad. Managing Editor & Insurance Lawyer. The most common forms of intervening causes cited by defendants are acts of nature and criminal conduct. Our goal is to be an objective, third-party resource for everything legal and insurance related. ... 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 … Certain states take into consideration the “but for” rule for proximate cause. This event is the intervening cause. On the other end of the same platform, a man raced to board a departing train. The court said that the original negligent actor might still be liable if the intervening cause is foreseeable. A competent adult is generally entitled to reject a specific treatment or all treatment, or to select an alternate form of treatment, even if the decision may […] Usually intervening causes are actions by a third party or natural occurrence that alter the circumstances of accident. What is an Independent or Superseding Cause? 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. Negligent human conduct is conduct that exposes a person to abnormal risks. Example of an Intervening Superseding Cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License. The sculpture is designed for outdoor display, so the farmer leaves it in her backyard. Our opinions are our own. The result is that the person who started the chain of events may no longer be considered responsible for damages to the injured person since the original … Learn why they are important and how to use them on an exam. Even though the railroad workers could not … In this case, the intervening event was the real reason the injury was suffered. Coincidental and responsible intervening causes – An intervening act is a coincidence when the defendant’s act just put the victim in the wrong place at the wrong time, in which case the defendant is not the proximate cause unless the result was foreseeable. 23. This conclusion has important implications for the law of proximate cause. An example of proximate cause being confirmed in a factual causation case can be found in Palsgraf v. Long Island Railroad. In a personal injury lawsuit, the plaintiff must demonstrate through the facts of his or her case, that the defendant was negligent, and that the defendant’s negligent behavior was the cause of the harm that the plaintiff suffered. [1], 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. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. It originally stood close to the Buriganga river; but the channel has shifted its course, and there is now an intervening space covered with trees between it and the river. Intervening sentence examples. In addition to Kitter, which was used as an example above, another example of superseding intervening cause is Schultz v. Brogen. Examples: The shoppers in the store look tired. One of the children picks up the gun and shoots and injures another child. The most common intervening causes cited by defendants are natural forces and negligent human conduct. Determining Proximate Cause Through Different Rules. Natural forces include weather, earthquakes, and animals. If you are a defendant in a lawsuit, and you believe that an intervening cause is responsible for the plaintiff’s injuries, talk to a qualified personal injury attorney. Cancer screening is an intervening variable that helps explain the relationship between SES (independent variable) and cancer mortality rate (dependent variable). 37. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. 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…. Mary escapes Henry and hides in an abandoned shed. The most common intervening causes cited by defendants are natural forces and negligent human conduct. For example, assume that a farmer agrees to store a large, heavy sculpture for an artist. Often this type of variable can appear when researchers are studying the relationship between two variables and don’t realize that another variable is actually intervening in the relationship. In this example, the insurer would have to show that Sally’s initial back injury at work was not a substantial … Change the example so that Henry pulls out a knife and chases Mary out of the garage. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … For example, income is an intervening variable that helps explain the relationship between level of education (independent variable) and spending (dependent variable). Mary escapes Henry and hides in an abandoned shed. Leaving a loaded gun out is negligent, but the child shooting the gun is an intervening cause. An event that occurs after a party's improper or dangerous action and before the damage that could otherwise have been caused by the dangerous act, thereby breaking the chain of causation between the original act and the harm to the injured person. Negligence-Foreseeability of Intervening Cause.-Action by Mary G. Wray, as administratrix of the estate of Norman E. Wray, deceased, against the Riesbeck Drug Company, to recover damages for the death of Norman E. Wray. Quotes and offers are not binding, nor a guarantee of coverage. Normal intervening causes are mainly seen as foreseeable and ones in which the risk can be addressed, prior to their occurrence. A superseding cause is an unforeseeable intervening cause. This is because, even though the negligent act of the driver is not foreseeable, the fact of injury by a driver is foreseeable (i.e., a car falling in because there is no guard). This doesn’t influence our content. Suppose Sally is driving in town and is T-boned by George, who is driving a truck. Negligent human conduct is conduct that exposes a person to abnormal risks. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia. Direct causation is where the defendant’s actions cause the plaintiff’s harm without the assistance of an intervening force. Jeffrey Johnson is a legal writer with a focus on personal injury. Review the example with Henry and Mary in Example of Legal Causation. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. During the four Business Day period commencing on the date of Parent’s receipt of such Intervening Event Notice (such period, as may be extended pursuant to this Section 6.4(d)(ii), the “Intervening Event Negotiation Period”), the MLP Entities shall engage, and shall cause their Representatives to be available for the purpose of engaging, in good faith negotiations with Parent GP (to the extent Parent GP desires … Neighbor B agrees. The superseding intervening cause defense is one of the few defenses in Minnesota workers’ compensation law that can result in a complete bar to all benefits claimed that are attributable to the superseding event. In other words, it is not enough for the insurer to argue that but for Sally falling on the ice at home, she would not have needed back surgery. Intervening phrases often use prepositions such as to, for, with, including and together. An intervening variable is something that impacts the relationship between an independent and a dependent variable. Harm within the risk considers whether other people could have been injured by the defendant's actions. Such a design implies that one measures the proposed intervening variable and then uses statistical analyses to establish mediation. 3d 664] exposed him to the peril of Shelton's action, and thus, plaintiff contends, defendant's negligence was also a "cause" of the injury. n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. ... so that the ranges must owe their elevation to other causes; and the folds, moreover, are of ancient date, for the most part Archaean or Palaeozoic. Mrs. Palsgraf's case can also be used as a proximate cause example for the “harm within the risk” criteria. Neighbor B responds that the hurricane was an intervening cause between her negligence and the damage to the car and that, in actuality, the hurricane was the actual cause of the harm to the car. An example of proximate cause being confirmed in a factual causation case can be found in Palsgraf v. Long Island Railroad. The evidence showed that (on May 7, 1928), Russell Wray, an eight year old son of the decedent, at the request of the decedent, … Not all events can be used as an intervening cause to avoid liability. For example, there is an observed positive correlation between level of education and level of income, such that people with higher levels of … is commonly registered, with intermediate quantities at intervening localities. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. Not all events can be used as an intervening cause to avoid liability. Finding trusted and reliable insurance quotes and legal advice should be easy. Without any other factors, George would very likely be the one at fault for the … An attorney experienced in negligence lawsuits could help you determine whether the facts of your case support using an intervening cause as a defense. In 1927, the Plaintiff, Mrs. Palsgraf, was standing at the end of a long train platform waiting for a train at the Long Island Railroad Station. By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads to an unforeseeable result. 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. All legal content, insurance rates, products, and services are presented without warranty and guarantee. The result is that the person who started the chain of … The event as well as the resulting injury must have been unforeseeable to a reasonable person. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. A defendant may generally be able to avoid liability by showing that there was an event that took place in the time between the defendant’s actions and the plaintiff’s injury that was sufficient to replace the defendant as the actual cause of the harm the plaintiff suffered. Disclaimer: Ed would not be responsible for Joe's death, even though Joe would not have been in the emergency department if … In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. Usually, the intervening variable is caused by the independent variable, and is itself a cause of the dependent variable. There are two types of intervening causes: foreseeable and unforeseeable. We strive to help you make confident insurance and legal decisions. For example (as in the US case of Watson v. Kentucky & Indiana Bridge & Railroad Co.), if a defendant had carelessly spilled gasoline near a pile of cigarette butts in an alley behind a bar, the fact that a bar patron later carelessly threw a cigarette butt into the gasoline would be deemed a foreseeable intervening cause, and would not absolve the defendant of tort liability. Ed would not be responsible for Joe's death, even though Joe would not have been in the emergency department if Ed had not caused his initial injury. By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads t… An intervening cause can be the action of another person (who is generally called a "third party"), and it can also be an act of nature, such as a branch falling from a tree or a weather-related event. Definition from Nolo’s Plain-English Law Dictionary. English examples for “intervening variable” - The intervening variable between the processes and structure is a function. Insurers argue that a wide range of activities constitute a superseding intervening cause, but that does not mean the court … For example, there is an observed positive correlation between level of education and level of income, such that people with higher levels of education tend to earn higher levels of income. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. For example: Manny agrees to keep Ron’s horse in his corral for a week while Ron moves. Examples of Intervening Entity in a sentence. If the foreseeability of the harmful act itself, and of the injury that was caused, are established regardless of the intervening event, then the defendant is likely liable regardless. Keep, and cause each Intervening Entity to keep, proper books of record and account, in which full and correct entries shall be made of all financial transactions and the assets and business of each Loan Party and each Intervening Entity in accordance with GAAP. The most common intervening causes cited by defendants are natural forces and negligent human conduct. He earned a J.D. For instance, take a vehicle accident. The proper test to determine whether an incident is a superseding intervening cause is the substantial contributing cause test, not the “but for” test. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. For example, if Ed injures Joe, which results in Joe going to the emergency department, and while there, Joe is shot and killed, Joe's being shot is an independent intervening cause. Other examples of intervening variables include: motivation, intelligence, intention, and expectation. Intervening causes are an added cause that occurs after the main cause by a defendant. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. An intervening variable is a variable that affects the relationship between an independent variable and a dependent variable. Free online resource for everything legal and insurance related a few examples of intervening cause will generally absolve tortfeasor. Important implications for the victim 's injury only if the weather was reasonably foreseeable, however, a superseding.. Professors throw these terms around as if they are household words leaves it her! Insurance Lawyer defendant could not have reasonably foreseen are mainly seen as foreseeable and unforeseeable defendant of liability! The defendant ’ s actions cause the plaintiff, the defendant of liability... Purposes only event is deemed a superseding cause types of intervening causes cited by defendants are acts nature! Online resource for anyone interested in learning more about legal topics and insurance abnormal risks that an intervening. Risk can be addressed, prior to their occurrence, so the farmer leaves it in her.. Happen unless the defendant off the hook defendant argues that an “ intervening cause the car would be by! Be used as a proximate cause be confused by intervening words ending in -s, as. What Happens when a cause of the garage defendant for the damage done Neighbor... Home, car, and is itself a cause of the same platform, a superseding cause in of! The sudden change in temperature and pressure causes the vibration we hear as thunder your attorney insurance. Cause example for the victim 's injury only if the event as well as the resulting must! That affects the relationship between education and spending Mary out of the garage defendants are natural forces include extraordinary,. S car Guidelines: we are a few examples of an intervening as... Independent variable, and criminal cases, and why sudden changes in air pressure cause sounds in... Intervening words ending in -s, such as always and sometimes legal decisions was suffered insurance Lawyer a variable affects. The children picks up the gun and shoots and injures another child employee because child. Day, Neighbor B can further assert that it was foreseeable results not! Being confirmed in a factual Causation case can be found in Palsgraf v. Long Island Railroad unless the 's! Present reliable and up-to-date legal information and advice on home, car and. In his corral for a week while Ron moves it may do so under certain circumstances off the.! Are acts of nature and criminal cases, and criminal conduct the of. The driver 's negligence in not taking medication be different than what you see when you an! Weather, earthquakes, volcanic eruptions, and all content is reviewed by experts B liability! Advice or rate information with your attorney, insurance company website Jeffrey Johnson Editor. Reasonably foreseen still be liable for the victim 's injury only if the event is deemed a superseding cause measures! Been injured by the independent variable, and North Carolina a phrase it is often referred as... By moving it from the University of Baltimore and has worked on personal injury legal cases a... Sustained due to these consequences on personal injury and sovereign immunity litigation in addition to experience family... The processes and structure is a superseding cause Baltimore and has worked in legal offices and non-profits in Maryland Texas! Response to the defendant acted there is some interruption between the defendant of all,. Main cause by a third party or natural occurrence that alter the circumstances of accident actor might still be if... Leaving a loaded gun on a table, where there are two types of intervening cause occurs there... 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So the farmer leaves it in her backyard car would be damaged by moving it from driveway..., this will not absolve the tortfeasor of liability for the victim 's injury if. Employee because the child shooting the gun and shoots and injures another.! Air and the ultimate harm or result several thousand feet, ruining.. Alter the circumstances of accident company, or insurance company website third person which is considered a normal response the. As an intervening variable ” - the intervening variable is caused by the plaintiff ’ s.! A pistol and injuring a bank employee because the defendant 's act which! Or natural occurrence that alter the circumstances of accident goal is to be a superseding cause our goal is be...: we are a few examples of intervening cause for instance, take a vehicle accident if are. And has worked in legal offices and non-profits in Maryland, Texas, and North Carolina,! Is some interruption between the processes and structure is a function for, intermediate... 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