What is proximate cause?

 

Answer:

Proximate cause can be defined as an act from which an injury results as a natural, direct, uninterrupted consequence, and without which, the injury would not have occurred. It may not necessarily be the closest cause or the first event, which can make proving proximate cause a complex affair.
Courts use the "but for" rule in order to assess proximate cause and determine whether an injury would have occurred without the negligence of the defendant. Making the determination that the injury would not have occurred without the negligent factor then makes a particular act the "proximate cause" of the injury, although this alone does not establish liability.
Some jurisdictions choose to use what they call the "substantial factor" formula in order to determine proximate cause. This means the court considers whether the conduct of the defendant was a substantial factor in causing the damage; in this case the defendant will be held liable for resulting damages unless he or she can prove otherwise.
In order for a plaintiff to receive an award for damages because of negligence or another wrongful act, it is essential to determine fault and prove the negligent actions of the defendant were the proximate cause of damages to the plaintiff (and not some other action).

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Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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