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Determining Proximate Cause

[Summary]What is "proximate cause"? | Rottenstein Law Group LLP What is "proximate cause"? In order to win a personal injury case, the injured person must show that his injury was caused by the defendant's negligence. When deciding whether the

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What is "proximate cause"? | Rottenstein Law Group LLP

What is "proximate cause"?

In order to win a personal injury case, the injured person must show that his injury was caused by the defendant’s negligence. When deciding whether the defendant’s acts caused the plaintiff’s injury, the court asks two questions: whether the defendant’s act was the cause in fact of the injury, and whether the defendant’s act was the proximate cause or legal cause of the injury.

Foreseeability and Proximate Cause in an Injury Case - AllLaw.com

Determining Proximate Cause

Actual and Proximate Cause Overview :: Justia

When a person is injured due to another person’s or entity’s negligence, he or she can recover economic and noneconomic damages that flow from the negligence. Among the elements that the plaintiff suing for negligence will have to prove is that the defendant’s violation of a duty was the actual and proximate cause of his or her injuries. He or she will also have to prove duty, breach of duty, and damages.

What is Proximate Cause in a Car Accident Case? | by Nolo

The legal concept known as "proximate cause" in a car accident case refers to a driver's act (or failure to act) that actually causes the auto accident and resulting injuries. Put another way, were it not for this particular conduct on the part of the at-fault driver, the car accident would not have occurred.

Proximate and ultimate causation

A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result. This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the "real" reason something occurred.

Example: Why did the ship sink?

Ultimate cause: Because the ship hit a rock which tore open the hole in the ship's hull.

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