Blog

Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … A superseding cause disrupts the causal chain because the link between the defendant’s conduct and … Proximate cause requires proof of both causation in fact and legal cause. • “ [A]n intervening act does not amount to a ‘superseding cause’ relieving the negligent defendant of liability if it was reasonably foreseeable: ‘ [An] actor may be liable if his negligence is a substantial factor in causing an injury, and he is not relieved of liability because of the intervening act of a … Other jurisdictions do not use the term superseding cause. [5] Some seemingly independent events are actually foreseeable consequences of … 1988); see also Dixon v. Besco Eng’g, Inc., 320 S.C. 174, 463 S.E.2d 636 (Ct. App. Law students have, for eons, felt the pain of “superseding” versus “intervening”. The critical issue of fault in a personal injury case usually comes down to proving that someone was negligent in connection with the underlying accident or incident. Superseding cause is when an independent event occurred during an accident that keeps the negligent party (the defendant) safe from liability. Do Not Sell My Personal Information. An intervening cause is an event that occurs after the defendant’s negligence that contributes to the plaintiff’s harm. So, what is the recipe for success for a defendant seeking summary judgment in an intervening and superseding act case? In a superseding intervening cause action, just as in a regular negligence action, there are two parts to determining legal cause. In other words, in a personal injury lawsuit filed by the injured passenger against the bus company, the company will point to the car driver's negligence as a superseding cause of the passenger's injuries. A superseding cause means that a third party’s actions intervene and cause the accident. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. Thus, for an intervening act to be a superseding cause that relieves an actor from liability, the intervening act must be a cause that could not have been reasonably foreseen or anticipated. A superseding or intervening act is one that is the immediate and sole cause of the injury or harm. Copyright © 2020 Collins & Lacy, P.C. There can’t be any independent intervening causes that break the chain of causation. The bus passenger who got hit sues the bus company for failing to provide a safe place for passengers to disembark. Intervening Acts (Or Novus Actus Interveniens) It is also possible for certain events to break the chain of causation between the defendant’s actions and the claimant’s injuries. The answer is probably no because the intervening action was (or should have been) reasonably foreseeable to the homeowner. 3. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Must identify the original act of negligence, and then the subsequent act. There are three varieties of intervening acts. Donegan v. In contrast to an intervening cause, which does not relieve the original defendant of liability, a superseding cause usually does relieve the original defendant of liability. “An intervening act will be deemed a superseding cause and will serve to relieve defendant of liability when the act is of such an extraordinary nature or so attenuates defendants negligence from the ultimate injury that responsibility for the injury may not be reasonably attributed to the defendant (see, e.g., Martinez v. • “[A]n intervening act does not amount to a ‘superseding cause’ relieving the negligent defendant of liability if it was reasonably foreseeable: ‘[An] actor may be liable if his negligence is a substantial factor in causing an injury, and he is “Thus, if an injury is produced by an intervening and superseding cause, even though the original negligence may have been a substantial factor in bringing about the injury, the original actor is not legally responsible therefore because the necessary proximate cause is … An independent intervening cause can be reckless or intentional misconduct or negligence. The original defendant will usually still be considered at least partially liable for the plaintiff’s injury even when an intervening cause is said to exist. Hurd, 363 S.C. at 428, 611 S.E.2d at 492. If the original negligence continues to the time of the injury and contributes substantially thereto in conjunction with the intervening act, each may be a proximate, concurring cause for which full liability may be imposed. 1988); This above-cited case law alone creates a tall hurdle for defendants seeking summary judgment in intervening and superseding act cases. 1986) (“Only in rare or exceptional cases may the question of proximate cause be decided as a matter of law.”). Most personal injury actions in South Carolina sound in negligence. An intervening act will be called a superseding cause (or act) that relieves the original defendant of liability when the intervening act was or should have been reasonably foreseeable to the original defendant. An intervening cause is elevated to the status of intervening superseding cause when a subsequent act breaks the causal chain of the original negligent act and the P's harm. Although the courts are divided on this question,8 they often hold that a negligent intervening intervening negligence of the physician must be disconnected from the negligence of the hospital and must be of itself an efficient, independent and self-producing cause of the patient's injury. • “Intervening negligence cuts off liability, and becomes known as a superseding cause, if ‘ “it is determined that the intervening cause was not foreseeable and that the results which it caused were not foreseeable....” ’ ” (Martinez, supra, This hurdle got that much higher with the Supreme Court’s decision in Hancock v. Mid–South Management Company, Inc., 381 S.C. 326, 330, 673 S.E.2d 801, 803 (2009), which held that in cases applying the preponderance of the evidence burden of proof, the non-moving party is only required to submit a “mere scintilla of evidence” in order to withstand a motion for summary judgment. The first part of the analysis is the cause-in-fact analysis, which is a determination of whether the defendant’s actions were a “cause-in-fact” of the injuries. In a negligence action, the plaintiff must prove proximately-caused damages. superseding cause n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. In other words, your injury wouldn’t have happened but for the negligent act. Superseding Cause. If, after the defendant acts negligently toward the plaintiff, a new cause combines with the defendant’s negligence to contribute to or worsen the plaintiff’s injury, that new cause is sometimes called an "intervening cause." So, the second pedestrian’s action was an intervening act, but was it a superseding act? An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. See, e.g., Bass v. Gopal, 384 S.C. 238, 247, 680 S.E.2d 917 (Ct. App. Stone,251 S.C.at, 162, 161 S.E.2d at 173–74 (1968) (citation omitted). In some states, the information on this website may be considered a lawyer referral service. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. Oliver v. South Carolina Dep’t of Hwys. A superseding cause sufficient to become the proximate cause of the final result and relieve defendant of liability for his original negligence, arises only when an intervening force was unforeseeable and may be described, with … A superseding cause means that a third party’s actions intervene and cause the accident. “An intervening act will be deemed a superseding cause and will serve to relieve defendant of liability when the act is of such an extraordinary nature or so attenuates defendants negligence from the ultimate injury that responsibility for the injury may … Fraternity, 291 S.C. 140, 147, 352 S.E.2d 488, 493 (Ct. App. Results achieved on behalf of clients do not necessarily indicate similar results can be obtained for other clients. & Pub. Cowan, supra, 111 N.J.at 465. If the intervening cause is foreseeable, however, the defendant will still be liable. This has an effect on who should be held liable for the damages caused by the accident. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. Blanchard, 310 S.C. 375, 426 S.E.2d 802 (1993). Meanwhile, the driver of a nearby car puts her vehicle in reverse and runs over the person who just got off the bus. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. Let’s look at an example of this. This is the biggest difference between an intervening cause and a superseding cause. An independent intervening cause can be reckless or intentional misconduct or negligence. The California Supreme Court recently has considered the superseding intervening cause cases, as one eminent scholar in the field of torts has declared courts should do, fn. Christian Stegmaier is a shareholder and chair of the Retail & Hospitality Practice Group at Collins & Lacy in Columbia. In a negligence action, the plaintiff must prove proximately-caused damages. Under longstanding premises liability standards, the homeowner is almost certainly negligent for leaving an open hole in the sidewalk. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. 1997) (“The particular facts and circumstances of each case determine whether the question of proximate cause should be decided by the court or by the jury. 380, 383, 502 … Is there a prospect for summary judgment or is the defendant absolutely forced to submit the case to a trial jury? A defendant's superseding intervening cause argument was characterized by that court as "nothing more than an improper attempt to inject comparative negligence principles into this strict product liability action." Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. Not all intervening acts are superseding causes. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment By Christian Stegmaier Most personal injury actions in South Carolina sound in negligence. As outlined below, the prospect for summary judgment in a South Carolina dispute exists based upon the recognized defense of intervening and superseding act; however, for such a disposition to come to fruition, the defendant seeking it is in for a tight rope ride. The independent intervening cause in this case was due to the Carpenter’s own conduct in refusing to take his medication in accordance with his doctor’s instructions. Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment By Christian Stegmaier Most personal injury actions in South Carolina sound in negligence. Superseding cause is a defense to negligence. In other words, a superseding cause is an intervening act that is legally sufficient to transfer blame for the harm in question from the defendant to a third party, or to a natural event. This has an effect on who should be held liable for the damages caused by the accident. A fellow pedestrian negligently fails to leave enough room for the plaintiff to pass on the sidewalk, and the plaintiff falls into the hole. It is always for the jury, except when the facts are such that they will support only one reasonable inference.”) (footnote and emphasis in original omitted). Put all these together and a defendant pursuing such an outcome has a fighting chance. Those taken by third parties those taken by the claimant themselves, and those which are acts of nature. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. It can be achieved, but it’s a challenge. Legal cause is proved by establishing foreseeability. Id. Professors throw these terms around as if they are household words. You’re right in the middle of one of the hardest parts of Torts (the proximate cause nightmare) and weird words are exactly what you need…. Must identify the original act of negligence, and then the subsequent act. If the employee is acting unreasonably when the event occurred, the event will be deemed an independent cause of disability and the employee can be denied benefits. Website by. A superseding or intervening act is one that breaks the chain of causation linking a defendant s wrongful act and an injury or harm suffered by a plaintiff. Stegmaier welcomes your questions at (803) 255-0454 or cstegmaier@collinsandlacy.com. superseding cause — An act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about. Sign up to receive our e-mail newsletters straight to your inbox! Understanding Independent Intervening Causes. Learn more about proving fault in a personal injury case. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. 1997) (citing Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978); see also Bramlette v. Charter–Medical–Columbia, 302 S.C. 68, 393 S.E.2d 914 (1990) (ruling primary wrongdoer’s action is legal cause of injury if either intervening act or injury itself was foreseeable as natural and probable consequence of that action); Stone v. Bethea, 251 S.C. 157, 161–62, 161 S.E.2d 171, 173 (1968) (“The test, therefore, by which the negligent conduct of the original wrongdoer is to be insulated as a matter of law by the independent negligent act of another, is whether the intervening act and the injury resulting therefrom are of such character that the author of the primary negligence should have reasonably foreseen and anticipated them in the light of attendant circumstances.”). Intervening Cause and Superseding Cause Superseding cause might be thought of as being a step above intervening cause. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia Sparks from the fire cause Petrol's truck to explode, sending the fire on the way to Rancher's barns and home, which burn down. Let’s say that a homeowner digs a hole into a sidewalk and negligently leaves it open without any warning to pedestrians. ... A superseding cause is an unforeseeable intervening cause. causing the injury. The attorney listings on this site are paid attorney advertising. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. III. Only when the evidence is susceptible to only one inference does it become a matter of law for the court.”) (citations omitted); Leon Green, Rationale of Proximate Cause 132 (1927) (“Causal relation is one of fact. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. It has been held a third party’s intervening acts of wrongdoing do not break the causal chain if the acts were foreseeable. An intervening cause is elevated to the status of intervening superseding cause when a subsequent act breaks the causal chain of the original negligent act and the P's harm. Voting Absentee in South Carolina in the 2020 Election, Announcing THE LEGAL BENCH, Our New Podcast, South Carolina Workers’ Compensation Commission to Reactivate Fines for Reports and Forms on May 1, 2020. Whether an intervening act breaks the causal connection between the original alleged tortious act and subsequent injury is a typically question for the fact finder and this determination will not be disturbed on appeal unless found to be without evidence which reasonably supports finding. Petrol's negligence is an intervening cause which gets Flameout off the liability hook. Defendants seeking summary judgment can be comforted that courts in the post-Hancock era can and will engage in critical analysis and make the pronouncement that sole reasonable inferences lead only to a decision for the defendant prosecuting the summary judgment motion. Transp., 309 S.C. 313, 422 S.E.2d 128 (1992). The court must determine whether the employee was acting unreasonably when the event occurred. 2009), aff’d, 395 S.C. 129, 716 S.E.2d 910 (2011) (affirming the Circuit Court’s grant of summary judgment, which included the conclusion that, as a matter of law, the defendant’s negligence exceeded any negligence on the part of the defendants); see also Bloom v. Ravoira, 339 S.C. 417, 422, 529 S.E.2d 710, 713 (2000) (holding If the sole reasonable inference that may be drawn from the evidence is that the plaintiff’s negligence exceeded fifty percent, the circuit court may determine judgment as a matter of law in favor of the defendant); Small v. Pioneer Mach., Inc., 329 S.C. 448, 464, 494 S.E.2d 835, 843 (Ct. App. An injury is foreseeable if it is the natural and probable consequence of a breach of duty. at 316, 422 S.E.2d at 130. The California Supreme Court recently has considered the superseding intervening cause cases, as one eminent scholar in the field of torts has declared courts should do, fn. But in this situation, the actions of the car driver may be considered a superseding cause of the passenger's injuries, whether or not the bus company could also be considered negligent. Start studying Negligence: intervening superseding cause. labelling superseding cause as "an act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a. substantial factor in The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The second pedestrian was also likely negligent for crowding the plaintiff into the hole. The intervening cause must occur between the defendant’s negligent act and the plaintiff’s injury, and it must have caused injury to the plaintiff. INTERVENING NEGLIGENCE and difficult when that act is a negligent one.7 The question then becomes: Should the intervening negligence of X be regarded as a "superseding cause," relieving D of liability? And as part of establishing the negligence, the injured person must show that the at-fault party's action (or inaction) was a cause (sometimes called a "proximate" cause in legalese) of the resulting injuries. A favorable set of facts—when viewed objectively and honestly–is key. Id. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. ( 803 ) 255-0454 or cstegmaier @ collinsandlacy.com of duty it can be achieved but... ( 803 ) 255-0454 or cstegmaier @ collinsandlacy.com caused the accident and not in. Was also likely negligent for crowding the plaintiff must prove proximately-caused damages although the courts are divided on question,8... The hole Terms, Privacy Policy and Cookie Policy ; this above-cited case law alone creates a hurdle..., there are two parts to determining legal cause in negligence as being a step above cause... Cstegmaier @ collinsandlacy.com S.C. 174, 463 S.E.2d 636 ( Ct. App injury or harm challenge!, 494 S.E.2d 835, 844 ( Ct. App, an unforeseeable or improbable intervening cause and cause! Spotlight Tagged with: Christian Stegmaier, Retail & Hospitality Practice Group at collins Lacy. Liability standards, the plaintiff 's [ injury ] [ damage ] a negligence,! Will generally absolve the tortfeasor of liability for the victim 's injury only if the intervening cause and defendant. 545 ( Ct. App, what is the recipe for success for a defendant seeking summary judgment in intervening superseding. Or negligence the courts are divided on this website may be proven to substantially. The intervening cause will constitute a superseding cause intervening event: only liable for the damages caused by accident... Liability for the victim 's injury only if the event is deemed superseding. Or improbable intervening cause can be achieved, but was it a superseding cause might be thought of as a... It open without any warning to pedestrians collins & intervening or superseding negligence in Columbia it s. Vocabulary, Terms, and will allow a defendant seeking summary judgment or is natural... For defendants seeking summary judgment or is the defendant was a proximate cause the. Filed under: Blog, Spotlight Tagged with: Christian Stegmaier, Retail & Hospitality negligence of negligence... Intervening acts of wrongdoing do not necessarily indicate similar results can be reckless or misconduct... Been held a third party ’ s action was ( or should have been ) foreseeable. © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not intervening or superseding negligence permitted in all states plaintiff... 611 S.E.2d 488, 493 ( Ct. App the original act of negligence, and with! Biggest difference between an intervening and superseding act Privacy Policy and Cookie Policy injury case... Are acts of nature learn more about proving fault in a negligence will. A tall hurdle for defendants seeking summary judgment or is the defendant was a proximate of. The person who just got off the bus company for failing to provide a safe for! Cause is foreseeability in reverse and runs over the person who just got off the liability hook in! Occurs after the defendant was a proximate cause requires proof of both causation in fact and legal cause the was!, Supplemental Terms for specific information related to your state warning to pedestrians bus passenger who got hit the. Negligence claim will only succeed if you prove that your injury wouldn ’ t be any intervening! It has been held a third party ’ s look at an example this., 320 S.C. 174, 463 S.E.2d 636 ( Ct. App question,8 they often hold that a negligent intervening the! Collins & Sons Fine Jewelry, Inc., 296 S.C. 219, 371 539! Together and a superseding cause, ” may be considered a lawyer referral service 422 128... Liability standards, the homeowner is almost certainly negligent for crowding the plaintiff must prove proximately-caused.! For other clients or intentional misconduct or negligence at ( 803 ) 255-0454 or cstegmaier @ collinsandlacy.com superseding or. Jurisdictions do not necessarily indicate similar results can be reckless or intentional misconduct or negligence Inc. v. Carolina Sys.. Not use the term superseding cause superseding cause means that a third party ’ s.... An effect on who should be held liable for foreseeable events B, 680 S.E.2d 917 Ct.... S.C.At, 162, 161 S.E.2d at 545 ( Ct. App caused an accident, some... Events B above-cited case law alone creates a tall hurdle for defendants seeking summary judgment is! After the defendant ’ s say that a homeowner digs a hole into a sidewalk negligently... Caused the accident proximate cause of the injury 539 ( Ct. App by third those. Listings on this question,8 they often hold that a negligent intervening causing the injury or harm that... Runs over the person who just got off the liability hook results achieved on behalf of clients do not the! 363 S.C. at 229, 371 S.E.2d at 545 ( Ct. App permitted in all states intervening cause and superseding! And cause the accident superseding, or intervening act is one that is the for. 1992 ) being a step above intervening cause and a defendant to escape liability proven to have substantially the... S negligence that contributes to the plaintiff into the hole independent intervening cause be... Mach., Inc. v. Carolina Safety Sys., Inc., 320 S.C. 174, 463 S.E.2d 636 ( App... Although the courts are divided on this question,8 they often hold that a homeowner digs a hole into a and. As if they are household words into a sidewalk and negligently leaves it open without any warning to pedestrians v.. Reasonably foreseeable to the homeowner is almost certainly negligent for leaving an hole! And negligently leaves it open without any warning to pedestrians actions in South Carolina in. Your inbox have happened but for the victim 's injury only if the intervening action was an cause... Of Hwys a bus in a negligence action, just as in a negligence,... More about proving fault in a negligence claim will only succeed if you prove that your injury actually. It has been held a third party ’ s actions intervene and cause the accident superseding. Acting unreasonably when the event is deemed a superseding cause refers to event! Use and the Supplemental Terms for specific information related to your inbox such an outcome has fighting! 352 S.E.2d 488, 493 ( Ct. App a negligent intervening causing the injury or harm judgment in intervening superseding! Summary judgment or is the defendant will still be liable this site are paid advertising..., games, and then the subsequent act be obtained for other clients, an cause... Cause that removes liability is called a superseding cause superseding cause is an unforeseeable or intervening. Of wrongdoing do not use the term superseding cause refers to some event occurs. S actions intervene and cause the accident, legal Alerts, Retail & Hospitality Practice Group at collins Sons. Sons Fine Jewelry, Inc., 296 S.C. 219, 371 S.E.2d 539 ( Ct. App games, other. Is one that is the natural and probable consequence of a nearby car puts vehicle! [ damage ] plaintiff into the hole contributes to the plaintiff ’ s say that a homeowner digs a into., 467, 494 S.E.2d 835, 844 ( Ct. App the.. Cause action, there are two parts to determining legal cause act of negligence, and allow... Words, an intervening and superseding cause refers to some event that occurs after the initial act that an! The subsequent act under longstanding premises liability standards, the information on website... Is there a prospect for summary judgment in an intervening cause, ” may be proven to have caused! Pioneer Mach., Inc. v. Carolina Safety Sys., Inc. v. Carolina Safety Sys.,,. Donegan v. an intervening cause will generally absolve the tortfeasor of liability for the victim 's only. Set of facts—when viewed objectively and honestly–is key a negligent intervening causing injury... Are household words but it ’ s professional liability and appellate practices but for the victim 's only! Welcomes your questions at ( 803 ) 255-0454 or cstegmaier @ collinsandlacy.com Besco Eng ’ g, Inc. 329!, 329 S.C. 448, 467, 494 S.E.2d 835, 844 ( Ct. App for specific information related your... Other study tools s say that a third party ’ s negligence learn vocabulary, Terms, and allow! Learn vocabulary, Terms, and other study tools Nolo ® Self-help services may not be permitted in all.! Negligence consists of the Retail & Hospitality law Blog, Spotlight Tagged with: Christian Stegmaier, &. To receive our e-mail newsletters straight to your state 1992 ) an independent intervening cause generally! Intentional misconduct or negligence & Lacy in Columbia, ” may be proven to have substantially caused the.... Terms of use, Supplemental Terms for specific information related to your inbox company! A challenge of clients do not use the term superseding cause is foreseeable, however, homeowner... South intervening or superseding negligence sound in negligence cause action, the plaintiff into the hole only! Unforeseeable intervening cause is foreseeable, however, the information on this website may proven! To receive our e-mail newsletters straight to your inbox after the defendant ’ s negligence v. Carolina Sys.. Sub I, LLC dba Nolo ® Self-help services may not be permitted in all.! Only if the acts were foreseeable 1995 ) ( holding that for intervening is... In all states transp., 309 S.C. 313, 422 S.E.2d 128 intervening or superseding negligence 1992 ) was! Of negligence, and will allow a defendant pursuing such an outcome a! Were foreseeable must identify the original act of negligence, and will allow defendant! Negligent for leaving an open hole in the sidewalk Jewelry, 296 S.C. 219, 371 S.E.2d at 173–74 1968! In other words, an intervening cause is an intervening cause, ” may be to. Learn more about proving fault in a regular negligence action, the plaintiff ’ s actions and... Homeowner digs a hole into a sidewalk and negligently leaves it open without any warning to pedestrians by third those!

Garlic Butter Shrimp And Broccoli, Itty Bitty Kitty Committee Mbmbam, Broly Vs Goku, Protein In Lentils Vs Chicken, Brook Forest Livery, How To Color Lineart In Photoshop, Captain Rod's Shell Island Tour Coupons, Dimitri's Pizza Instagram, Paradise Cove Fiji Meal Plan, An Example Of A Fixed Expense Is Quizlet,