Intervening Cause: What It Means and Its Legal Implications

Q: Can an intervening cause absolve a defendant of liability?

Yes, if the intervening cause is deemed to break the chain of causation and is independent and foreseeable.

Q: How does an intervening cause differ from a proximate cause?

A proximate cause is the primary cause directly leading to the injury, while an intervening cause occurs later and may disrupt that connection.

Definition & Meaning

An intervening cause refers to an event or action that occurs after a defendant's wrongful act and disrupts the direct link between that act and the harm suffered by the plaintiff. When this cause is deemed to break the natural sequence of events, the original wrongdoer may be relieved of liability for the injury that results. Essentially, the intervening cause takes on the responsibility for the injury, as it is an independent and foreseeable event that occurs after the initial act.

Table of content

Legal Use & context

This term is commonly used in tort law, which deals with civil wrongs and damages. It can also appear in criminal law when assessing liability. Understanding intervening causes is crucial in determining whether a defendant can be held responsible for an injury. Users can manage related legal forms, such as liability waivers or negligence claims, using resources like US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) If a driver runs a red light and collides with another vehicle, causing injuries, that driver is initially liable. However, if a pedestrian suddenly runs into the street and causes a secondary accident, the driver may argue that the pedestrian's actions were an intervening cause that breaks the chain of causation.

State-by-state differences

State	Intervening Cause Considerations
California	Considers whether the intervening cause was foreseeable.
New York	Focuses on whether the intervening act was a natural and probable consequence of the original act.
Texas	Evaluates the degree of control the original wrongdoer had over the situation.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Proximate Cause	The primary cause that directly leads to the injury, without any intervening causes.
Supervening Cause	A cause that occurs after the initial act but does not necessarily break the chain of causation.

Common misunderstandings

What to do if this term applies to you

If you believe an intervening cause applies to your situation, consider gathering evidence of the events that transpired. You may want to consult with a legal professional for tailored advice. Additionally, you can explore US Legal Forms for relevant legal templates to assist with your case.

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Quick facts

Type: Tort law, criminal law
Key consideration: Foreseeability of the intervening cause
Outcome: May relieve original wrongdoer of liability

Key takeaways

Frequently asked questions

What is an intervening cause?

An intervening cause is an event that occurs after a wrongful act and disrupts the link between that act and the resulting harm.