Home
Glossary
I
Intervening Cause

What Is Intervening Cause?

An intervening cause is an event that occurs after the initial act that leads to a legal dispute and contributes to or exacerbates the resulting harm. This cause can potentially absolve or reduce the liability of the original actor if it is deemed to break the causal chain between the initial act and the final injury or damage.

Intervening Cause Explained

An intervening cause, also known as a superseding cause, comes into play after the defendant's initial act and significantly alters the outcome. For it to affect liability, the intervening cause must be unforeseeable and sufficient to break the direct link between the defendant's act and the plaintiff's injury.

Key Characteristics of an Intervening Cause:

Subsequent Event: Occurs after the defendant's initial act.

Impact on Outcome: Contributes to or changes the course of events leading to harm.

Unforeseeability: Must be an unforeseeable event to qualify as an intervening cause.

Effect on Liability: Can absolve or mitigate the defendant's liability if it breaks the causal chain.

Examples:

- A car accident caused by a driver running a red light, followed by another car crashing into the accident scene due to a sudden medical emergency of the second driver.

- A defective product causing minor injury, followed by severe injury when the product is improperly repaired by a third party.

The Term Intervening Cause in Different Legal Contexts

United States: In the United States, the concept of an intervening cause is pivotal in tort law, particularly in negligence cases. Courts assess whether the intervening event was foreseeable and if it sufficiently broke the causal chain between the defendant's act and the plaintiff's injury. If deemed a superseding cause, it can relieve the defendant of liability. However, if the event was foreseeable, the original actor may still be held liable.

United Kingdom: In UK law, intervening causes are addressed under the doctrine of novus actus interveniens. This principle holds that if a new, independent act breaks the chain of causation, the original defendant may be relieved of liability. Courts examine the foreseeability and nature of the intervening act to determine its impact on the causal chain.

Australia: Australian courts also recognize the concept of intervening causes in negligence cases. The courts evaluate whether the intervening event was foreseeable and whether it constituted a significant break in the causal connection between the defendant's act and the resulting harm. An unforeseeable and substantial intervening event can absolve the original actor from liability.

Common Misconceptions About the Meaning of Intervening Cause

A common misconception is that any event occurring after the initial act automatically qualifies as an intervening cause. In reality, for an event to be considered an intervening cause, it must be unforeseeable and sufficiently impactful to break the causal link between the defendant's action and the harm caused.

Another misconception is that the presence of an intervening cause always absolves the original actor of liability. This is not always the case. If the intervening event was foreseeable or not sufficiently independent to break the causal chain, the original actor may still be held liable.

There is also a misconception that foreseeable events can be considered intervening causes. For an intervening cause to relieve liability, it must be unforeseeable. Foreseeable events are typically accounted for within the scope of the original actor's responsibility.

Recommendations

0 reviews

Drew Davis Van De Grift

Contracts and Agreements Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253

Thomas M. Cooley
Contracts and Agreements, Freedom of Information Act, Government Contracts, Employment and Labor, State, Local And Municipal Law, Government and Tax
Birmingham, Michigan Contracts and Agreements Lawyer

Free Consultation

+12486353360

What Is Intervening Cause?

Intervening Cause Explained

The Term Intervening Cause in Different Legal Contexts

Common Misconceptions About the Meaning of Intervening Cause

Share

Need legal help after an accident?

Recommendations

Written by Michael Anderson

UPDATED Jul 05,2024

Written by Michael Anderson

UPDATED Jul 03,2024

Written by Michael Anderson

UPDATED Jul 02,2024

Written by Michael Anderson

UPDATED Jul 08,2024

Written by Michael Anderson

UPDATED Jul 08,2024

Written by Michael Anderson

UPDATED Jun 15,2024

Written by Michael Anderson

UPDATED Jun 14,2024

Written by Michael Anderson

UPDATED Jun 13,2024

Written by Michael Anderson

UPDATED Jun 11,2024

Log in to your account

Contact