proximate cause

As an element of tort liability:–that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. The primary moving cause, or the predominating cause, from which the injury follows as a natural, direct, and immediate consequence, and without which it would not have occurred. 38 Am J1st Negl § 50. That act or omission which immediately causes or fails to prevent the injury. Stacy v Williams, 253 Ky 353, 60 SW2d 697. The efficient cause; the one that necessarily sets the other cause in motion, and brings about the result without the intervention of any force started and working actively from a new and independent source. 38 Am J1st Negl § 50. Such cause, not necessarily the last cause or the act nearest to the injury, but such act as actually aided in producing the injury as a direct and efficient cause. Milton Bradley Co. v Cooper, 79 Ga App .302, 53 SE2d 761, 11 ALR2d 1019. As element of liability for wrongful death:–an act which produces the injury and death in a natural and continuous sequence, unbroken by any new, independent cause. 22 Am J2d Death § 31. As an element of recoverable damages in tort cases:–legal cause, something beyond mere cause in fact, something other than a remote cause. That cause which in natural and continuous sequence, unbroken by an efficient intervening cause, has produced the injuries for which damages are sought to be recovered. 22 Am J2d Damg § 20. As an element of damages in contract cases:–a requirement that gives way to the doctrine of foreseeable or anticipated consequences. 22 Am J2d Damg § 20. Proximate cause has a different meaning in insurance cases than it has in tort cases. In insurance cases the concern is not with the question of culpability or why the injury occurred but only with the nature of the injury and how it happened. If the nearest efficient cause of the loss is one of the perils insured against, the court looks no further. In such cases, the insurer is not relieved from responsibility by showing that the property was brought within the peril insured against by a cause not mentioned in the contract. 29A Am J Rev ed Ins § 1134. See concurrent cause; contributory cause; efficient cause; immediate cause; natural and probable consequences; primary cause; producing or inducing cause.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • proximate cause — see cause 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. proximate cause …   Law dictionary

  • Proximate cause — Proximate Prox i*mate, a. [L. proximatus, p. p. of proximare to come near, to approach, fr. proximus the nearest, nest, superl. of propior nearer, and prope, adv., near.] Nearest; next immediately preceding or following. Proximate ancestors. J. S …   The Collaborative International Dictionary of English

  • proximate cause — prox‧i‧mate cause [ˌprɒksmt ˈkɔːz ǁ ˌprɑːksmt ˈkɒːz] noun [countable] LAW the thing that is directly responsible for an event happening: • Pilots breaches of duty and negligence were a proximate cause of the plane crash. * * * proximate cause …   Financial and business terms

  • Proximate cause — Cause Cause (k[add]z), n. [F. cause, fr. L. causa. Cf. {Cause}, v., {Kickshaw}.] 1. That which produces or effects a result; that from which anything proceeds, and without which it would not exist. [1913 Webster] Cause is substance exerting its… …   The Collaborative International Dictionary of English

  • proximate cause — n a cause that directly or with no intervening agency produces an effect <whether the negligence was the proximate cause of the pneumonia (Jour. Amer. Med. Assoc.)> * * * a cause that immediately precedes and produces an effect …   Medical dictionary

  • Proximate cause — For the notion of proximate cause in other disciplines, see Proximate and ultimate causation. For causation in English law, see Causation in English law …   Wikipedia

  • proximate cause — That which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. Wisniewski v. Great Atlantic & Pac. Tea Co., 226 Pa.Super. 574, 323 A.2d 744,… …   Black's law dictionary

  • proximate cause — noun : a cause that directly or with no mediate agency produces an effect; specifically : a cause arising out of a wrongdoer s negligence or conduct deemed under the rules of law applicable to the case and under the extent of his duty sufficient… …   Useful english dictionary

  • proximate cause — The dominant and effective cause of an event or chain of events that results in a claim on an insurance policy. The loss must be caused directly, or as a result of a chain of events initiated, by an insured peril. For example, a policy covering… …   Big dictionary of business and management

  • proximate cause — noun An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred …   Wiktionary

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