The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. However, if your injury would not have occurred “but for” the actions of another, then usually you can … The proximate cause is essentially that initial event that triggered the claim and need not be the event that immediately preceded the loss. PROXIMATE CAUSE . Certain states take into consideration the “but for” rule for proximate cause. But even if you’re geared with a legal definition of proximate cause, it doesn’t make understanding this complex Arizona law any easier. . (For example, but for running the red light, the collisionwould not have occurred.) Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. proximate cause (plural proximate causes) An event which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred. proximate cause. In tort law, the plaintiff must prove that the defendant’s conduct caused or … Proximate Cause. It is sufficient if it combines with another cause … That which in ordinary natural sequence produces a specific result, no independent disturbing agencies intervening. 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. The proximate cause itself may not do any direct damage. event without which an injury would not have occurred. 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. 1: next immediately preceding or following (as in a chain of causation, events, or effects) : being or leading to a particular especially foreseeable result without intervention — see also proximate cause at … It is important that courts establish proximate cause in personal injury cases because not everyone nor … 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. It is the cause that directly produces an event. https://www.thefreedictionary.com/Proximate+cause, We may say, speaking somewhat roughly, that a stimulus applied to the nervous system, like a spark to dynamite, is able to take advantage of the stored energy in unstable equilibrium, and thus to produce movements out of proportion to the, The Alabama Supreme Court, however, has ruled that foreseeability alone is not a sufficient basis for liability and that a plaintiff must also prove by substantial evidence that the mental health professional breached the applicable standard of care and that this breach was a, Neighborhood Housing Services, the court noted that, in order to recover under the Scaffold Law, there must be some evidence that a violation of the law by the contractor or owner was the, Applying what it claimed were general tort principles and noting that there can be more than one, "Especially troubling is what I view as the majority giving petitioner a pass on the element of, It concluded that the claimant's violation of a known safety rule was the, On the dram-shop claim, the court decided as a matter of law that the claim failed on the element of, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Before liability can be imposed, plaintiff must show not only that a patient's suicide was foreseeable, but also establish the applicable standard of care, that the psychiatrist breached this standard, and that the breach was a proximate cause of the suicide, LL240: court validates 'recalcitrant workers' defense, The minority gets it right: the Florida Supreme Court reinvigorates the crashworthiness doctrine in D'Amario v. 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