Definition: A proximate consequence refers to the immediate outcome that occurs directly after a preceding event, particularly when the preceding event was characterized by negligence or lack of attentiveness. It can be likened to a domino effect, where one action triggers a subsequent action without any interruptions in between.
A proximate consequence refers to a result that occurs in a continuous sequence from a specific event, particularly one that involves negligence. For instance, if a driver who is texting while driving hits a pedestrian, the proximate consequence of the driver’s negligence would be the injuries sustained by the pedestrian. Similarly, if a company fails to appropriately label a hazardous chemical and an employee gets injured as a result, the proximate consequence of the company’s negligence would be the employee’s injury. These examples demonstrate how a proximate consequence is a direct outcome of an event, especially one that involves negligence or carelessness. In both scenarios, the negligent actions of one party directly caused harm or injury to another party, and the harm was a direct consequence of the negligence.
Proximate consequence refers to the direct or immediate result of an action or event that is legally significant and foreseeable.
Proximate consequence is closely connected to the action or event in question and is reasonably foreseeable, whereas remote consequence is more distant and less likely to be anticipated.
Proximate consequence helps determine the extent of liability or responsibility for an action or event. It helps establish causation and assess the legal consequences of an action.
No, proximate consequence is closely tied to causation. To establish proximate consequence, it is necessary to prove that the action or event caused the specific harm or injury in question.
Courts consider various factors, including the foreseeability of the harm, the directness of the causal link, the absence of intervening causes, and the extent of the harm caused.
In some cases, parties may include clauses in contracts or agreements that limit or exclude liability for certain proximate consequences. However, such clauses may be subject to scrutiny and may not always be enforceable.
Yes, proximate consequence is often a crucial element in negligence cases. It helps determine whether the defendant’s actions were the direct cause of the plaintiff’s injuries or damages.
Yes, even in cases of strict liability, where fault or negligence is not a requirement, proximate consequence is still relevant in determining the extent of liability for the harm caused.
Yes, proximate consequence is relevant in criminal cases as well. It helps establish the causal link between the defendant’s actions and the resulting harm or injury.
In cases involving natural disasters or acts of God, proximate consequence may be more challenging to establish. Courts often consider the foreseeability of such events and whether the defendant’s actions contributed to the harm or injury.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/proximate-consequence/
- Modern Language Association (MLA):Proximate Consequence. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/proximate-consequence/.
- Chicago Manual of Style (CMS):Proximate Consequence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/proximate-consequence/ (accessed: May 09 2024).
- American Psychological Association (APA):Proximate Consequence. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/proximate-consequence/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts