An independent intervening cause refers to an occurrence that takes place between an initial event and the final outcome, but it is not caused by the initial event. It has the potential to alter the expected outcome and impact the party responsible for the result. For instance, if a person is driving and a tree unexpectedly falls on their car, this would be considered an independent intervening cause as the driver did not cause the tree to fall. This differs from a dependent intervening cause, which is directly caused by the initial event.
An independent intervening cause refers to an event that takes place between the initial event and the final outcome, thereby changing the natural progression of events that could have linked a wrongful act to an injury. It acts upon a condition created by a preceding cause but is not a result of that cause. For instance, if a person drives recklessly and hits a pedestrian, but the pedestrian is then struck by a lightning bolt, resulting in their death, the lightning bolt would be considered an independent intervening cause. The reckless driving serves as the preceding cause, but the lightning bolt is not a consequence of it. Another example could be if a person is walking down the street and suddenly experiences a heart attack, causing them to fall and hit their head on the pavement. The heart attack would be deemed an independent intervening cause as it is not a result of any preceding events. In essence, an independent intervening cause is an event that occurs independently of the initial cause and disrupts the natural course of events, making it challenging to assign liability to the initial cause.
An independent intervening cause is an event or action that occurs after the defendant’s initial act, and is not foreseeable or controlled by the defendant.
An independent intervening cause can break the chain of causation and relieve the defendant of liability if it is determined to be the primary cause of the harm.
Examples of independent intervening causes include the actions of a third party, natural disasters, or the victim’s own negligent behavior.
In some cases, an independent intervening cause can completely absolve a defendant of liability if it is determined to be the sole cause of the harm.
A defendant can argue that the independent intervening cause was unforeseeable and not within their control, and therefore they should not be held responsible for the resulting harm.
Yes, in some cases an independent intervening cause may still be considered foreseeable if the defendant should have anticipated the possibility of such an event occurring.
A court will consider the foreseeability of the intervening cause, the defendant’s level of control over the situation, and the extent to which the intervening cause contributed to the harm in order to determine liability.
Yes, an independent intervening cause can be used as a defence in criminal cases if it is determined to be the primary cause of the harm and relieves the defendant of criminal liability.
A superseding cause is an independent intervening cause that completely absolves the defendant of liability, while an independent intervening cause may still allow for some level of liability.
A plaintiff can argue that the defendant’s initial act set in motion a chain of events that ultimately led to the harm, and that the independent intervening cause should not relieve the defendant of liability.
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: 16th April 2024.
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