There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. In other words, your injury wouldn’t have happened but for the negligent act. Vicarious liability. requiring policyowners to reduce risks as a condition of offering insurance (for example, by making it a condition of a home and contents insurance policy that the policyowner fit a burglar or fire alarm or a sprinkler system); and iv. For example, an intoxicated cabdriver transports a person in a cab with faulty brakes. The next natural question is, what is a superseding cause? For example, suppose the proximate cause of the damage on an SUV was a fire in the parking lot and the immediate cause was an explosion of another car parked next to the SUV. Example 1: Driver of “Car A ... the loss is not covered, even though the event insured against is one of the intervening causes. For example, the roof collapse may be attributed to many causes, such as rot, insect infestation, inadequate maintenance, or defective workmanship or materials. Intervening cause is considered one of the defenses against liability, similar to assumption of risk. When the pandemic struck, many travel insurance policies failed to cover Covid-19-related trip interruptions and cancellations, often because they excluded pandemics. For example, there is an observed positive correlation between level of education and level of income, such that people with higher levels … Read on to discover the definition & meaning of the term Remote Cause - to help you better understand the language used in insurance policies. 4. … the intervening cause was not foreseeable and that the results which it caused were not foreseeable, then the intervening cause becomes a supervening cause and the defendant is relieved from liability for the plaintiff’s injuries.” Actual cause, the topic of the last chapter, is a legal determination used to establish a defendant's liability. In essence, an act or event will be considered intervening and break the chain of causation between a cause and the loss if the act or event is not created by the earlier cause and is not likely to have arisen in the “ordinary course of things”. In root-cause analysis, the direct cause is that which usually leads immediately to the adverse effect, without any intervening … Proximate cause is used in civil and criminal cases, and are frequent in personal injury legal cases. If an independent action breaks the chain of events and sets in motion a new chain of events, this intervening cause becomes the proximate cause. These both place some if not all of the risk back on the individual, such as: a person provoking a dog causing it to bite or defend itself. 7. Proposed Answer. Or, is the tall, heavy, inherently unstable design of the vending machine an intervening cause that negates proximate causation? 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. 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