We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is Supervening Cause and Its Impact on Legal Liability?
Definition & Meaning
A supervening cause is an event that occurs after a person's wrongful or hazardous act but before any resulting harm. This event interrupts the direct link between the initial act and the injury, potentially absolving the original actor of liability for the damages incurred. Essentially, if a supervening cause is present, the initial act may no longer be viewed as the primary reason for the harm suffered by an injured party.
Table of content
Legal Use & context
The concept of supervening cause is primarily used in tort law, which deals with civil wrongs and damages. It is relevant in cases involving negligence, where a party's actions lead to injury or damage. Understanding supervening causes can help determine liability and whether the original act is still considered the proximate cause of the injury. Users can manage related legal matters using templates from US Legal Forms, which are designed by licensed attorneys.
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 damage, the driver may be liable. However, if a sudden medical emergency, such as a heart attack, causes the driver to lose control just before the crash, this medical event could be considered a supervening cause, potentially absolving the driver of liability for the accident.
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Recognizes supervening causes in negligence cases, focusing on the foreseeability of the intervening event.
New York
Applies a strict standard for determining whether a supervening cause breaks the chain of causation.
Texas
Considers the intent and actions of the original actor when evaluating supervening 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
Intervening Cause
An event that occurs after the original act but does not break the chain of causation.
Unlike a supervening cause, an intervening cause does not absolve the original actor of liability.
Proximate Cause
The primary cause that directly leads to an injury or damage.
Supervening causes can alter the determination of proximate cause in a legal case.
Common misunderstandings
What to do if this term applies to you
If you believe a supervening cause may affect your case, consider the following steps:
Document all relevant events and circumstances surrounding the incident.
Consult with a legal professional to understand how supervening causes may impact your situation.
Explore US Legal Forms for templates that can assist you in managing related legal matters.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.