What Does Sole Proximate Cause Mean?

Sample 1. SOLE PROXIMATE CAUSE means there may be more than one proximate cause of an event, but if an act or omission of any person not a party to the suit was the “sole proximate cause” of an occurrence, then no act or omission of any other person could have been a proximate cause. (Emphasis added).

What is an example of a proximate cause?

When a speeding driver fails to stop at a stop sign, another driver must swerve to miss them. The second driver fails to notice a pedestrian in the crosswalk. The speeding driver is a proximate cause of the injury to the pedestrian because the secondary crash was a foreseeable consequence of the speeding driver.

What is the meaning of proximate cause?

The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone’s actions are a remote cause of your injury, they are not a proximate cause.

What is the meaning of proximate cause in insurance?

The term proximate cause refers to the nearest cause leading to the loss. It is the direct cause of a loss event. The principle of proximate cause is the cause that is primary to the occurred event. It could also be the most significant incident which cascades into the loss event.

What is another term for proximate cause?

It is also known as legal cause. To help determine the proximate cause of an injury in Negligence or other tort cases, courts have devised the “but for” or “sine qua non” rule, which considers whether the injury would not have occurred but for the defendant’s negligent act.

How do you prove proximate cause?

To prove proximate cause, victims must draw a line directly between the negligence of the defendant and the harm of the plaintiff. His or her conduct must be seen as ultimately responsible for the events and the primary cause of the injury to be deemed the proximate cause.

What’s the difference between actual and proximate cause?

Actual cause, also known as “cause in fact,” is straightforward. When a bus strikes a car, the bus driver’s actions are the actual cause of the accident. Proximate cause means “legal cause,” or one that the law recognizes as the primary cause of the injury.

What is another word for proximate?

In this page you can discover 21 synonyms, antonyms, idiomatic expressions, and related words for proximate, like: within a stone’s throw, close, direct, forthcoming, imminent, near, nearby, next, contiguous, immediate and nigh.

What are the two components of proximate cause?

There are two components of proximate cause: actual cause (which answers the question of who was the cause in fact of the harm or other loss) and legal cause (which answers the question of whether the harm or other loss was the foreseeable consequence of the original risk).

Which of the following best describes proximate cause?

Which of the following best describes proximate cause? Plaintiff’s injury must be a foreseeable consequence that the Defendant should have reasonably anticipated.

What is an example of proximate cause in insurance?

Proximate Cause and “Cause-In-Fact”
This can be a little confusing, so an example might help. If the vehicle next to you swerves into your lane for no reason, collides with your car, and you sustain an injury, then the vehicle swerving into you is both the proximate cause and the “cause-in-fact” of your injury.

Who decides proximate cause?

The courts have to establish proximate cause for each case because not everything can be held liable for the injury. The court asks two questions to decide whether or not the defendant directly contributed to the plaintiff’s injuries: Were the defendant’s acts the cause in fact of the plaintiff’s injuries?

What is the purpose of the proximate cause requirement?

The [Holmes] Court held that RICO contains a proximate cause requirement . . . . This requirement forces the plaintiff to demonstrate a direct relationship between the injury suffered and the alleged injurious conduct.

Can you have proximate cause without actual cause?

For example, if a texting driver strikes a motorcyclist, the driver’s actions caused the accident. Proximate cause, however, has to be determined by law as the primary cause of injury. So, without the proximate cause the injury would not exist.

What are three arguments in support of proximate cause?

An intervening cause has several requirements: it must 1) be independent of the original act, 2) be a voluntary human act or an abnormal natural event, and 3) occur in time between the original act and the harm.

What is the opposite of proximate?

Opposite of only a short distance away or apart in space or time. away. deep. distant. far.

Does proximate cause mean negligence?

Proximate causation is the fairness component of negligence. The proximate cause definition is “a happening which results in an event, particularly injury due to negligence or an intentional wrongful act.” This definition, however, does little to explain actual cause vs proximate cause.

Can there be more than one proximate cause?

There may be more than one proximate cause of an accident. Multiple acts of negligence by different people may concur to cause the same accident, yet each may be deemed to be a proximate cause of the accident.

How do you use proximate in a sentence?

How to use Proximate in a sentence. After Cimon’s death he renounced the war against Persia, and the collapse of 447-445 had the effect of completing his change ‘ The general impression in Greece was that this decree was the proximate cause of the war.

What is the proximate cause of death?

The last condition listed is the proximate (or underlying) cause of death, i.e. the condition which started a chain of events leading to death. In some cases, these are one and the same—for example, “Toxic effects of cocaine”.

What is proximate cause in criminal law?

Proximate cause has been defined as that which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred.