Define: Superseding Cause

A superseding cause refers to an unforeseeable event or action that occurs after the defendant’s negligent act, which interrupts the chain of causation and relieves the defendant of liability for the resulting harm.

If a superseding cause is found to be the primary cause of the plaintiff’s injuries, the defendant may not be held liable for the damages. However, if the defendant’s negligence was a substantial factor in causing the harm, they may still be partially responsible.

Yes, a defendant can argue that a superseding cause should relieve them of liability. It is up to the court to determine whether the event or action qualifies as a superseding cause and breaks the chain of causation.

Courts consider various factors, such as the foreseeability of the event, the degree of control the defendant had over the situation, the nature of the defendant’s negligence, and whether the event was an independent and intervening cause.

If a superseding cause is established, the plaintiff’s ability to recover damages may be limited or eliminated. However, if the defendant’s negligence was a substantial factor in causing the harm, the plaintiff may still be entitled to some compensation.

Yes, an act of nature, such as a severe storm or earthquake, can be considered a superseding cause if it was unforeseeable and interrupts the chain of causation.

If the defendant’s negligence was a substantial factor in causing the harm, they may still be held partially liable, even if a superseding cause occurs afterward. The court will assess the degree of contribution to the overall harm.

Yes, a plaintiff can argue against a defendant’s claim of a superseding cause by presenting evidence that the defendant’s negligence was the primary cause of the harm and that the event or action was foreseeable.

Yes, if the court determines that the superseding cause was the sole cause of the harm and breaks the chain of causation, the defendant may be completely absolved of liability.

In criminal law, a superseding cause can be used as a defence to argue that the defendant’s actions were not the proximate cause of the alleged crime. If the court finds that a superseding cause exists, it may result in the defendant being acquitted of the charges.