In law, the term “efficient intervening cause” refers to an event that occurs between the initial event and the final outcome, altering the natural progression of events that could have linked a wrongful act to an injury. When this intervening cause is powerful enough to absolve the wrongdoer of any responsibility, it becomes a superseding cause. An independent intervening cause, on the other hand, acts upon a condition created by a preceding cause but is in no way caused by that preceding cause.
An event occurring between the initial incident and the final outcome that changes the natural progression of events linking a wrongful act to an injury. For instance, a driver running a red light and hitting a pedestrian, who is then taken to the hospital for treatment. While in the hospital, the pedestrian falls out of bed and breaks their arm. This fall is considered an efficient intervening cause as it disrupts the chain of events connecting the driver’s wrongful act to the pedestrian’s injury. This demonstrates how an efficient intervening cause can disrupt the causation between a wrongful act and an injury. In this scenario, the driver may not be held responsible for the pedestrian’s broken arm as the fall was an unforeseeable efficient intervening cause.
An efficient intervening cause refers to an event or action that occurs after the defendant’s initial act but is significant enough to break the chain of causation between the defendant’s act and the resulting harm.
If an efficient intervening cause is found to exist, it can absolve the defendant of liability for the harm caused. The defendant may argue that the intervening cause was unforeseeable or that it was the primary cause of the harm.
Courts consider various factors, including the foreseeability of the intervening cause, the nature of the defendant’s act, the time and space between the defendant’s act and the intervening cause, and the extent to which the intervening cause contributed to the harm.
Yes, if the intervening cause is deemed efficient and breaks the chain of causation, the defendant may be completely absolved of liability for the harm caused.
Yes, in some cases, an efficient intervening cause may reduce the defendant’s liability. The court may apportion the responsibility between the defendant and the intervening cause based on their respective contributions to the harm.
Examples of efficient intervening causes include the actions of a third party, the negligence of the plaintiff or another party, an act of nature, or an unforeseeable event that directly causes the harm.
The defendant can present evidence and arguments demonstrating that the intervening cause was unforeseeable, independent of their actions, and the primary cause of the harm.
No, for an intervening cause to be efficient, it is generally required to be unforeseeable. However, there may be exceptions depending on the circumstances of the case.
Yes, if the plaintiff’s deliberate act is considered an efficient intervening cause that breaks the chain of causation, it can absolve the defendant of liability.
In criminal law, an efficient intervening cause can be used as a defence to argue that the defendant’s actions were not the direct cause of the harm or that another intervening cause was the primary cause of the criminal act. However, the burden of proof is typically higher in criminal cases compared to civil cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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