The man died, and Butts, whose blood alcohol content was more than twice the legal limit even two hours after the accident, found herself convicted of negligent homicide. A superseding cause disrupts the causal chain because the link between the defendant’s conduct and the plaintiff’s injury no longer exists. This is the biggest difference between an intervening cause and a superseding cause. Manny puts the horse in a pen has a section of fence that is damaged, and falling apart. 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 is working in the hole. App. 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. 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 the intervening cause is foreseeable, however, the defendant will still be liable. the person being sued) and contributed to the injury of the plaintiff. Intervening Cause. 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. The appellate court found that a proximate cause relies on whether the original actor should have been able to foresee the danger or harm. To break this down, consider that very few occurrences happen in a vacuum. While the answer to this test establishes proximate cause, it does not necessarily establish who is liable for the plaintiff’s damages, as other factors could have come into play. For example: Manny agrees to keep Ron’s horse in his corral for a week while Ron moves. In response to these claims, the appellate court ruled that an intervening cause can only be considered a superseding cause if it was “so unforeseeable that the actor’s negligent conduct, though still a substantial causative factor, should not result in the actor’s liability.” The court held that the defendant could only be relieved of liability for the victim’s death if his own actions were the sole cause of his death. 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. In some cases, this may remove liability from the defendant, but the event has to meet certain requirements. out of proximate causation: superseding and intervening causation, and the medical malpractice complications rule. In addition to Kitter, which was used as an example above, another example of superseding intervening cause is Schultz v. Brogen. A superseding cause is an unforeseeable intervening cause. In some states, the information on this website may be considered a lawyer referral service. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. However, the outcome of Manny’s actions in putting the horse in the damaged pen could reasonably lead to the injuries. Other jurisdictions do not use the term superseding cause. In other words, a superseding cause is an intervening act that is legally sufficient to transfer blame for the harm in question from the defendant to a third party, or to a natural event. A fellow pedestrian negligently fails to leave enough room for the plaintiff to pass on the sidewalk, and the plaintiff falls into the hole. 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. Some jurisdictions use two terms to define the intervening cause doctrine: intervening cause and superseding cause. In a civil lawsuit in which a defendant has done something negligent that caused the plaintiff’s damages, it is possible for the defendant to avoid liability. In the building of the home, the builder did not finish the basement, and did not include additional exits, as it was never intended to serve as bedrooms. 1485-1405       Latin    supersedēre  (to sit above or upon). Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. The companies claimed that all of these events amounted to superseding causes that should absolve them of liability. Manny agrees to keep Ron’s horse in his corral for a week while Ron moves. cause, superseding. In this case, the intervening event was the real reason the injury was suffered. Meanwhile, the driver of a nearby car puts her vehicle in reverse and runs over the person who just got off the bus. 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. Learn why they are important and how to use them on an exam. Proximate cause refers to the act that most directly resulted in someone’s damages or injury. This Agreement supersedes all prior agreements between you and the Company relating to the subject of your personal services and severance benefits, including the letter agreement dated September 14, 1993, which is hereby terminated.The provisions of this Agreement may only be amended by written instrument signed by you and a member of the Board of Directors. During the night a storm arises, and hurricane-force winds pick up an empty refrigerator in the neighbor’s yard, and hurls it at the horse, striking him, and forcing him into the damaged section of the fence. Plaintiff's theory, of course, is that defendant's antecedent negligence caused plaintiff to be in the situation which [58 Cal. In this example, the superseding cause was the tow truck running into the already damaged vehicle. Superseding cause might be thought of as being a step above intervening cause. If, after the defendant acts negligently toward the plaintiff, a new cause combines with the defendant’s negligence to contribute to or worsen the plaintiff’s injury, that new cause is sometimes called an "intervening cause." An intervening cause is any event in an accident that occurred after the actions of the defendant (i.e. 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 The bus passenger who got hit sues the bus company for failing to provide a safe place for passengers to disembark. Part II will discuss cases in which courts have considered superseding cause as a defense against liability for failure to diagnose, setting forth the courts’ justifications for either permitting or rejecting the defense. 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. The Essential Law Dictionary. The court of appeals denied the motions to dismiss the home builder and smoke alarm manufacturer. Quinn is in an automobile accident, which was caused by Brenda’s running a stop sign. As an example of a superseding cause, consider this alternative sequence of events: Manny puts Ron’s horse into his damaged corral, then retires for the evening. If you leave an open hole in a sidewalk, it's reasonable to foresee someone falling into it, especially if the sidewalk is crowded. 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. [16] In that case, one defendant had gone into a ditch, and another defendant pulled the car out, resulting in both vehicles facing … Change the example so that Henry pulls out a knife and chases Mary out of the garage. And as part of establishing the negligence, the injured person must show that the at-fault party's action (or inaction) was a cause (sometimes called a "proximate" cause in legalese) of the resulting injuries. Intervening Cause and Superseding 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. Let’s say that a homeowner digs a hole into a sidewalk and negligently leaves it open without any warning to pedestrians. In 2007, a power outage occurred in a Maryland neighborhood, leaving residents in the dark. The next natural question is, what is a superseding cause? Remember that proximate cause requires conduct “unbroken by any superseding cause.” A superseding, or intervening, cause only breaks the chain of causation if it was unforeseeable. For instance, a house fire is a foreseeable consequence of allowing a young child to play with matches. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Learn more about proving fault in a personal injury case. The attorney listings on this site are paid attorney advertising. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. During a thunder storm, the horse is spooked, and runs through the damaged section, breaking his leg so severely that he has to be put down. See People v.Acosta for a great example.. At trial, Brenda claims she cannot be held solely responsible, as the tow truck hitting Quinn’s car caused a great deal of the damages, and his injuries. What sets an intervening cause apart from a superseding cause (discussed below) is that it is a foreseeable outcome of the person’s actions. n. An intervening cause that substantially affects the ultimate outcome of the series of events and breaks the chain of causation between the direct cause and the effect. As a result, intervening cause may be used as a legal defense in a civil lawsuit. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. Additionally, a superseding act must have occurred after the original actor’s negligent act was committed. 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. Review the example with Henry and Mary in Section 4 “Example of Legal Causation”. To explore this concept, consider the following superseding cause definition. Quinn just has time to realize his arm hurts before a tow truck, happening on the scene, rams into Quinn’s car, pushing it into a ditch. While the circuit court granted the dismissals, the plaintiffs appealed. (adsbygoogle = window.adsbygoogle || []).push({}); Proximate Cause, Superseding Cause, and Intervening Cause, Superseding Cause Example in Negligent Homicide, Example of Superseding Cause vs. Proximate Cause in House Fire. She appealed the conviction on a number of grounds, one of which was failure of the judge to instruct the jury properly regarding superseding and intervening cause. In this case, Manny cannot escape liability, even though there was an intervening cause. Quinn files a civil lawsuit against Brenda because she ran the stop sign and hit him. What sets an intervening cause apart from a superseding cause (discussed below) is that it is a foreseeable outcome of the person’s actions. It is the court’s job, once someone sues, to determine just who is responsible for the plaintiff’s damages, even if the responsibility must be divided. The original defendant will usually still be considered at least partially liable for the plaintiff’s injury even when an intervening cause is said to exist. Ultimately the court ruled that reasonable minds could very surely come to different conclusions about that issue, and therefore it is a question of fact that should be determined by a jury. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. In doing this, it must be considered whether the damages or injury would not have happened but for the defendant’s negligent or reckless actions. A superseding cause is an unforeseeable intervening cause.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. Let’s look at an example of this. Do Not Sell My Personal Information. the intervening cause was not foreseeable and that the results which it caused. Manny puts the horse in a pen has a section of fence that is damaged, and falling apart. 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…. While Quinn’s damages and injuries could be foreseen as the result of Brenda running the stop sign, the impact of a tow truck that happened by could not. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Usually intervening causes are actions by a third party or natural occurrence that alter the circumstances of accident. Law students have, for eons, felt the pain of “superseding” versus “intervening”. In this case, Henry is still the factual cause of Mary’s death, because he chased her into the shed where she was eventually killed. Manny might attempt to escape liability – and the hefty price tag for the horse – by claiming that the storm was an intervening cause that resulted in the horse’s injuries. The candle foreseeably started a fire, but when the smoke detectors – which were hard-wired into the home, and had no battery backup – failed to wake the children, and there were no exits from the basement other than the main staircase, two children died, and three others were severely injured in the fire. An intervening cause is a separate act of yet another party, which interrupts the direct connection between the defendant’s negligent or reckless act, and the damages or injury suffered by the plaintiff. 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. The answer is probably no because the intervening action was (or should have been) reasonably foreseeable to the homeowner. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. The second pedestrian was also likely negligent for crowding the plaintiff into the hole. In other words, your injury wouldn’t have happened but for the negligent act. v. Varsity Brands, Inc. An unforeseeable event that interrupts the chain of causation, becoming the actual cause of the accident. For example, assume that contractor A was responsible for fencing or marking a hole in the ground and negligently fails to … For example, an adult leaves a loaded gun on a table, where there are children playing nearby. superseding cause Interpretation Translation An act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about. The landlord had finished the basement, though he did so without obtaining the required permits. Quinn seeks payment for his totaled car, as well as for his medical bills, and pain and suffering, to the tune of more than $10,000. 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 term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. plaintiff, thus absolving defendant from liability: ‘(a) the fact that its … The key difference between an intervening cause and a superseding cause is foreseeability. Under longstanding premises liability standards, the homeowner is almost certainly negligent for leaving an open hole in the sidewalk. This alone is not enough to absolve the defendant of all liability, but it may do so under certain circumstances. 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