independent intervening cause— A conclusory label used by the common law to refer to a cause that intervenes between the defendant s behavior and a given result such that it is regarded as unfair to hold the defendant responsible for the result. An experienced attorney can examine the facts of your case and help determine whether the defendant’s negligence was the cause of your injuries. independent intervening cause is "a cause which interrupts the natural sequence of events, turns aside their cause, prevents the natural and probable results of the original act or omission, and produces a different result, that could not have been reasonably foreseen." That is, it was not an intervening act. A defendant is not criminally responsible for the crime if the loss or injury was the result of an unforeseeable, independent, intervening cause. x��\ XW�N�!�� Ā�ț��Q����1j\�y�&!8�����b&L��[DA_\���"�� "�t�T�wέꦛ�4��>��[��{���[�BH�Q�Q�_��.���%*�{M?�L�������~��i�ν�D��t*f��Ї�{�1o�\�]���q� They are very kind, professional, and hard-working! Larry Trias was great to work with! 2020-05-22T10:33:59-07:00 Facsimile: 786-558-1822, 605 E. Silver Springs Blvd. endobj Direct Line: 352-800-0000 uuid:14635faf-ae72-11b2-0a00-90aea2010000 A third car is also forced to stop. The court held that it wasn’t foreseeable that the other driver would act this way, and found that the Department of Transportation and railroad company (which failed to keep the tracks clear of puddles) were not responsible for the plaintiff’s injuries. Intervening Cause and Superseding Cause . This conclusion has important implications for the law of proximate cause. This paper argues that the distinction between dependent and independent intervening causes ultimately is rooted in a deeper distinction between two kinds of coincidence, one of which is, as a general rule, more improbable than the other. For example, say you were harmed by a workplace accident. Why was the victim’s decision to refuse medical treatment seen as a subsisting condition rather than an intervening cause? 17 0 obj If the intervening cause is independent of the defendant’s conduct, then the intervening cause was not reasonably foreseeable and there is no sufficient relationship to the defendant’s conduct. Is the drunk driver’s negligence the proximate, or direct, cause of the damage to the second and third cars, or is the fourth car’s failure to stop an independent intervening cause that broke the chain of causation? Superseding cause is when an independent event occurred during an accident that keeps the negligent party (the defendant) safe from liability. Thank you for helping me with my case!” 100%...” 30 0 obj An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. 2 0 obj Finally, a fourth car fails to stop in time, striking the third car and pushing it into the second car. Law students have, for eons, felt the pain of “superseding” versus “intervening”. endobj They always kept me informed. Facsimile: 904-302-9623, 4244 Evans AvenueSuite A endobj 18 0 obj A superseding cause is an unforeseeable intervening cause. The Florida Supreme Court considered this very issue in a 1987 case. Facsimile: 813-982-3037, 1201 6th Avenue WestSuite 501D endobj endobj Direct Line: 407-352-3535 33134, Phone: 786-800-0000 3 . - Orlando -, “I'm very thankful for all the attention of all the Pendas staff that This chapter lays out the doctrinal intricacies of the test. 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