Define: Proximate Cause

Proximate cause refers to the legal concept that establishes a direct connection between an action or event and the resulting harm or injury. It determines whether the defendant’s actions were the primary cause of the harm suffered by the plaintiff.

While cause in fact (also known as “but-for” cause) focuses on whether the harm would have occurred without the defendant’s actions, proximate cause goes beyond that and considers whether the harm was a foreseeable consequence of the defendant’s actions.

Courts consider various factors to determine proximate cause, including foreseeability, the degree of certainty that the defendant’s actions would cause harm, the directness of the causal link, and any intervening events that may have contributed to the harm.

Yes, proximate cause can involve multiple factors that collectively contribute to the harm suffered by the plaintiff. As long as the defendant’s actions were a substantial factor in causing the harm, they can be held liable.

Yes, proximate cause can still be established even if there are intervening events that contribute to the harm. If the defendant’s actions were a substantial factor in causing the harm, they can still be held responsible.

No, proximate cause requires that the harm suffered was reasonably foreseeable as a consequence of the defendant’s actions. If the harm was unforeseeable, it may break the chain of causation.

Yes, proximate cause does not require that the defendant’s actions were the immediate cause of the harm. As long as their actions were a substantial factor in causing the harm, they can be held liable.

Yes, proximate cause can still be established even if the plaintiff contributed to their own harm. However, the plaintiff’s contribution may affect the amount of damages they can recover.

Yes, proximate cause is an essential element in negligence cases. It must be proven that the defendant’s negligent actions were the proximate cause of the plaintiff’s injuries or damages.

Yes, proximate cause is also relevant in cases of intentional torts. It must be shown that the defendant’s intentional actions were the proximate cause of the harm suffered by the plaintiff.