Click here to learn more. It is only by considering a number of propositions and examples that the principle of proximate cause can best be understood. proximate example sentences. "name": "What Is the Proximate Cause? This is obviously always, always true, but not useful information. 2 0 An account of the structure of plants naturally begins with the cell which is the proximate unit of organic structure. One of the first principles we learn as babies is that of cause and effect. If you find that the sports bar is very busy one night, then you might wonder why. To solidify the role of negligence in your personal injury claim, you will need to prove the at-fault party’s actions actually caused your injuries." In polluted forests, moths with dark wings blended in better. This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the "real" reason something occurred. "text": "Proximate cause occurs when the at-fault party’s actions occur in an unbroken, direct sequence of events, without the presence of a superseding cause, and causes your accident or injury directly. One example of application of the principle of proximate cause may be remembered here. Collision being the cause of death is very efficient here whilst scratch is inefficient and remote. A superseding cause occurs if another event happened during an accident that protects the at-fault party from being liable for the injuries you sustained during the event. It is reasonably foreseeable to the defendant that you may risk additional collisions in this situation, since you will need to exit your vehicle after an accident regardless. 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Proximate Cause — (1) The cause having the most significant impact in bringing about the loss under a first-party property insurance policy, when two or more independent perils operate at the same time (i.e., concurrently) to produce a loss. You cannot establish proximate cause if another superseding cause is present. } Proximate cause consists of both cause in fact and foreseeability. Despite the resultant loss being water damage, the fire would still be the proximate cause of the incident. Like criminal law, and unlike the law of property or contract, there are distinct and discernable wrongs that, as a collective, comprise the subject. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. The term “tort law” names the branch of common law concerning who shall prevail against whom in a private lawsuit not based on contract. As for liability insurance, if the negligent act of a certain party is said to be the proximate cause of harm to another party, it serves as a legal basis to hold the former liable. He is taken to hospital and in the hospital he contacts cholera from the next bed patient and dies. In polluted forests, moths with dark wings blended in better. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. Recent Examples on the Web The proximate cause of the unrest being police violence and the underlying issues that have fueled the protests, which are continued racial equality and discrimination and … If you treat the proximate cause, then you come up with solutions like, increase the size of the exit door. Proximate cause is the action, or inaction, that directly cause an event. It is the argument that proximate cause is an essential component of a negligence claim and that it is missing in the particular fact pattern before the court. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. "@type": "Answer", More so, the position gets further complicated when an insured peril is followed up by an excepted peril or an excepted peril is followed up by an insured peril, simultaneously getting mixed up by uninsured perils. "text": "All personal injury claims rely on the presence of negligence, which involves proving proximate cause. For example, if someone negligently backs into the car of a 95-year-old, causing her outrageously high medical bills, the defendant is still the proximate cause of the injury. Proximate cause and superseding cause are two legal concepts that are necessary to establish negligence — which may interfere with each other. This cause is unforeseeable and breaks the chain of proximate cause." Transformational leadership: What’s next? As such, the claim is not payable under personal accident insurance. Dictionary Thesaurus Examples ... of 447-445 had the effect of completing his change ' The general impression in Greece was that this decree was the proximate cause of the war. A ship was severely torpedoed and was in the process of sinking. "@type": "Answer", It has been well defined in the leading case of Pawsey V. Scottish Union and National (1907) as follows : “Proximate cause means the active, efficient cause that sets in motion a train of events which brings about a result, without the intervention of any force started and working actively from a new and independent source”,’ It is the immediate cause and not the remote cause. Without it, the event would not have happened. In non-polluted forests, moths with light wings were more likely to survive. Almost immediately there was a cyclonic storm and the ship sank. Your case may involve more than one proximate cause, and as a result, your case will become more complex. From the above discussion, it is quite evident that the insured is allowed to recover the loss from the insurer only when: 1. the loss has been caused b… Proximate cause means “legal cause,” or one that the law recognizes as the primary cause of the injury. The second category of proximate cause questions, involves situations where the foreseeable plaintiff has been injured but an unexpected extent or type of harm has occurred. Conversely, if the harm is something more remote to the defendant’s act, then the plaintiff will be less likely to prove this element. The cause which is really proximate is that which is proximate in terms of efficiency. In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. If injuries only occurred because of the actions a person took, proximate causation is present. Yet, proximate and ultimate causes deal with questions of how and why and both have applications in other fields. Learning Objectives. The principle of proximate cause virtually revolves around the claims administration and, more precisely, diagnosing the pay-ability or otherwise of a claim on the question of perils covered by a policy. means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. Actually, the term proximate cause is somewhat misleading because as a legal concept it has little to do with proximity (in time or space) or causation. It was held that the proximate cause of sinking of the ship was torpedo (Leyland shipping Co. V. … "Knowing what we know now, was the chain of events extraordinary in hindsight?" In other wor… It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs. The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. Plaintiff's injury was 'too remote' from Defendant's negligence 6. Click for more detail. Sentences Menu. Example sentences with the word proximate. Proximate Cause Examples It is only by considering some propositions and examples that the doctrine of proximate cause can best be understood. The court will determine whether or not the factor the attorney presents is the proximate cause of the victim’s injury if that injury could have been avoided if not for that factor. "@type": "Question", Click for more detail. Keywords: proximate cause; ultimate cause; efficient cause; final cause; intentionality; adaptation; natural selection The proximate/ultimate distinction in biology is commonly, although not universally, viewed as a distinction between explanations of mechanism and explanations of adaptive function. It is not always that much straightforward that a loss would be caused by d singular insured or uninsured or an excepted peril, so that a claim would clearly be either payable or not payable. "@type": "Answer", You take the plaintiff as you find them. He is being taken to hospital by an ambulance. { Proximate cause means legal cause, or one that the law recognizes as the primary cause of the injury. Cause in fact is sometimes called “actual cause.” In other words, you must prove that the defendant actually caused your injuries. For example, a fire might cause a water pipe to burst. Children in one rental home, who slept in their basement bedrooms, had lit a candle before going to sleep. Essentially, the concept of proximate cause is what the courts will use to determine how far the defendant’s liability extends for unforeseen consequences. How to use proximate in a sentence. 2. What is Proximate Cause? This cause is unforeseeable and breaks the chain of proximate cause. },{ Bicycling can be used as another example of proximate vs. ultimate causation. You can file a personal injury claim if you can establish the presence of proximate cause in your lawsuit.

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