Define: Supervening Cause

A supervening cause refers to an unforeseen event or circumstance that occurs after the initial act or event, which interrupts the chain of causation and becomes the primary cause of the resulting harm or damage.

If a supervening cause is determined to be the primary cause of the harm or damage, it may absolve the original party from liability as they are no longer considered the direct cause of the incident.

Yes, if the supervening cause is deemed to be the sole cause of the harm or damage, it can completely eliminate liability for the original party.

Factors such as foreseeability, proximity in time and space, and the extent of the harm caused by the supervening cause are considered when determining if a supervening cause exists.

Yes, if the defendant can prove that a supervening cause was the primary cause of the plaintiff’s injuries, it can be used as a defence to mitigate or eliminate liability.

Yes, natural disasters such as earthquakes, hurricanes, or floods are often considered supervening causes as they are unforeseeable events that can interrupt the chain of causation.

Yes, human actions, such as intentional or criminal acts committed by a third party, can be considered supervening causes if they are the primary cause of the harm or damage.

No, for an event or circumstance to be considered a supervening cause, it must be unforeseeable and not reasonably anticipated by the original party.

Yes, if a supervening cause is determined to have contributed to the harm or damage, it can be used to reduce the amount of damages awarded to the plaintiff.

Yes, if a party’s actions or negligence contributed to the occurrence of the supervening cause, they may still be held partially liable for the resulting harm or damage.