Remote Cause: A Comprehensive Guide to Its Legal Implications

Definition & Meaning

A remote cause refers to a factor that is indirectly related to an injury or loss, to the extent that it is often disregarded by the court. It is considered speculative rather than a direct cause of the injury, which means it does not provide a valid basis for claiming damages. In legal terms, a remote cause may have ceased to be actively involved in the outcome or may never have played a significant role in causing the harm.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person slips and falls in a grocery store due to a wet floor. If a customer spilled water on the floor moments before the fall, the spill is a direct cause. However, if it is later revealed that the store had a history of poor maintenance, the store's negligence may be considered a remote cause.

(Hypothetical example) Example 2: In a car accident, if a driver was speeding, but a malfunctioning traffic light contributed to the crash, the traffic light's malfunction may be viewed as a remote cause, especially if the driver's speeding was the primary factor leading to the accident.

State-by-state differences

Examples of state differences (not exhaustive):

State Consideration of Remote Causes
California May allow for some consideration of remote causes in negligence cases.
New York Generally dismisses remote causes unless directly linked to the injury.
Texas Focuses on proximate cause, often ignoring remote causes.

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

Comparison with related terms

Term Definition Difference
Proximate Cause A direct cause that leads to an injury. Proximate cause is directly linked to the injury, while remote cause is not.
Negligence Failure to take proper care, resulting in damage or injury. Negligence can involve proximate causes, while remote causes are often not actionable.

What to do if this term applies to you

If you believe a remote cause may be involved in your case, consider the following steps:

  • Consult with a legal professional to assess your situation.
  • Gather evidence that supports the direct causes of your injury.
  • Explore US Legal Forms for templates that may help you file your claim effectively.

Quick facts

  • Remote causes are often not actionable in court.
  • They are speculative and may not directly link to the injury.
  • Legal outcomes can vary by state regarding the consideration of remote causes.

Key takeaways

Frequently asked questions

A proximate cause is directly linked to the injury, while a remote cause is not directly responsible and is often disregarded in legal proceedings.