What does the term proximate cause mean?
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense.
What is proximate cause example?
Examples of Proximate Cause in a Personal Injury Case If injuries only occurred because of the actions a person took, proximate causation is present. For example, if a driver injures another after running a red light and hitting a car that had a green light, the driver had a duty to not run the red like.
What is proximate cause in psychology?
the most direct or immediate cause of an event. In a causal chain, it is the one that directly produces the effect.
What is principle of cause proximal?
Proximate cause is concerned with how the actual loss or damage happened to the insured party and whether it resulted from an insured peril. Difficult situations occur where numbers of perils get involved simultaneously, some insured, some uninsured, and some still accepted. …
What is proximity clause?
An insurer is liable for any loss proximately caused by a peril insured against, but, he is not liable for any loss not proximately caused by a peril insured against.
What is proximity cause in insurance?
Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed as a result of an insured peril. The important point to note is that the proximate cause is the nearest cause and not a remote cause.
What does proximately mean?
1 : immediately preceding or following (as in a chain of events, causes, or effects) proximate, rather than ultimate, goals— Reinhold Niebuhr. 2a : very near : close. b : soon forthcoming : imminent.
What is a proximate cause in biology?
A proximate cause is an event which is closest to, or immediately responsible for causing, some observed result. This exists in contrast to a higher-level ultimate cause (or distal cause) which is usually thought of as the “real” reason something occurred.
What are distal causes?
Quick Reference. A cause that underlies or is remote from the more obvious direct cause of a departure from good health. For example, atmospheric contamination with ozone-destroying substances, such as chlorofluorocarbon compounds, is a distal cause of skin cancer due to increased ultraviolet radiation flux.
What is proximate cause in philosophy?
In philosophy a proximate cause is an event which is closest, or immediately responsible, for producing some observed result. This exists in contradistinction to a higher-level ultimate (also called distal) cause which is usually thought of as the “real reason” something occurred.
What is predominant cause?
Predominant Cause — the peril having the most significant impact in bringing about the loss in a situation involving two independent perils that operate concurrently to produce the loss, as determined by the courts. The predominant cause is then selected as the proximate cause.
What is proximate cause tort?
Proximate cause means “legal cause,” or one that the law recognizes as the primary cause of the injury. In other words, the plaintiff will have to show that the injuries were the natural and direct consequence of the proximate cause, without which the injuries would not have occurred.
What does proximate cause mean?
Proximate Cause. In a legal sense, the term proximate cause refers to a thing that happened to cause something else to occur. This is usually brought up when something has gone wrong, such as an automobile accident in which someone was injured, and refers to the non-injured party’s legal responsibility for the event.
How is proximate cause established?
Legal proximate cause is established when the statutory or legal underlying principles are proven. Under this concept, the law establishes when someone may potentially be liable. For example, in failure-to-diagnose cases, many state statutes require a probability threshold before legal proximate cause is established.
What is “proximate cause” in insurance?
Single Event. Insurance companies place a maximum on the amount of coverage for a single event.
What is proximate cause law?
In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury.