Also known as:proximate causes · proximate causation · legal cause
Written by attorneys · grounded in primary & secondary sources — see below
The causal sequence by which an actor's tortious conduct results in an invasion of a legally protected interest of another. The law holds the actor responsible for the resulting harm unless a defense to liability applies.
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How it applies
Common Examples
6
Duty and Resulting Liability
Preston Pratt operated a delivery van with a known brake defect. While descending a steep grade, the brakes failed and the van struck Patricia Patel's car. Preston's failure to repair the brakes before operating the vehicle subjected him to liability for the injuries because his conduct was the legal cause of the harm and no defense applied.
Parental Negligence Chain
Pablo Perez allowed his minor son to drive the family car despite knowing the boy had been cited for reckless driving. The son later caused an accident injuring Parker Phillips. Pablo's own negligent entrustment supplied the proximate cause linking his conduct to the harm rather than mere parental status.
Legal Responsibility Sequence
Penelope Price left an open trench in a public walkway without barriers or warnings. A pedestrian fell and sustained fractures. The sequence from Penelope's omission through the fall established that the law would hold her responsible for the injuries absent any applicable defense.
Actor Conduct Inquiry
Phuong Pham, a warehouse supervisor, directed employees to stack crates without securing straps. A stack collapsed and crushed equipment belonging to Paragon Construction. The inquiry focused on whether Phuong's conduct as the actor was the legal cause of the property damage.
Jury Determination of Cause
Premier Manufacturing installed a faulty valve on a pressure tank. The valve ruptured during normal use and sprayed hot liquid onto a worker. The jury was required to decide whether the installation was a legal cause of the worker's burns before assessing any compensation.
Intentional Confinement Chain
Peak Performance security guards blocked all exits from a loading dock after detaining a delivery driver. The driver suffered heat exhaustion while confined. The guards' intentional acts remained the legal cause of the injuries even though the harm occurred indirectly through prolonged exposure.
Common questions
Frequently Asked
5
What must a plaintiff prove to establish that a defendant's conduct satisfies the legal cause requirement?+
A plaintiff must show that the defendant's tortious conduct produced a causal sequence resulting in harm to a legally protected interest. The law then holds the defendant responsible unless a defense applies. This determination focuses on whether the sequence justifies imposing liability rather than on factual occurrence alone.
Supporting sources
How does proximate cause differ from cause in fact in a negligence claim?+
Cause in fact asks whether the harm would have occurred but for the defendant's conduct. Proximate cause asks whether the law should hold the defendant responsible for that harm given the full causal sequence. Both elements must be satisfied before liability attaches.
When may an intervening act relieve a defendant of liability for harm that followed negligent conduct?+
An intervening act relieves liability only when it qualifies as a superseding cause that breaks the chain of legal causation. If the intervening act was a normal incident of the risk created by the defendant's negligence, the original conduct remains a legal cause of the harm.
Supporting sources
Does a defendant's liability extend to harms arising during third-party rescue efforts after an initial injury?+
Yes. An actor whose conduct creates the need for rescue remains liable for additional bodily harm that results from normal efforts by third persons to render aid. This rule applies even when the rescue efforts themselves are performed negligently.
Supporting sources
What role does foreseeability play in determining whether conduct is a proximate cause of harm?+
Foreseeability limits liability to harms that result from the risks that made the actor's conduct tortious. If the defendant should have anticipated the particular risk at the time of acting and negligently failed to avert it, liability follows when that risk causes the plaintiff's harm.
Supporting sources
of the plaintiff’s emotional distress. The elements of intrusion upon seclusion are similar. Westboro argues that the First Amendment bars Snyder from recovering for either tort. The Free…
of action, the suit necessarily fails. Levy v. Walker , L.R. 10 Ch. D. 436, 449. There is nothing in the situation of the parties which can estop the defendant from saying so. Fifth:…
of action can be tried to a jury even if it is brought as a class action. Since a derivative suit is historically wholly a creation of equity, the class action “analogy” is in truth no…
TortsNegligence · The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third partiesUBEIntermediate