A remote cause is simply one which because of its having ceased to be actively efficient, or never having become actively efficient, in the result, is … In such a case a proximate cause can be distinguished from a remote cause. For example, if someone negligently backs into the car of a 95-year-old, causing her outrageously high medical bills, the defendant is still the proximate cause of the injury. Separating these two meanings leads to better understanding of events. It is the immediate cause and not the remote cause. Wikipedia notes that in biology, ultimate causation deals with evolutionary forces that affect traits, and proximate causation deals with biological functions as a product of environmental and physiological factors. Having no money is the cause of all my misery. For example, Sunbeam’s commercial property policy excludes loss by theft. When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. In such a case a proximate cause can be distinguished from a remote cause. the terms immediate cause and remote cause remind us of those … remote cause. Ultimate cause: Because the ship hit a rock which tore open the hole in the ship's hull. As adjectives the difference between proximate and remote is that proximate is close or closest; adjacent while remote is at a distance; disconnected. In this case, there are two causes of the mishap. Don't say that something 'causes that someone does' something. The insurer is not liable for remote cause … Proximate Cause vs. Actual Cause . It is a speculative rather than a direct cause of injury, consequently no basis for the recovery of damages. The four causes are elements of an influential principle in Aristotelian thought whereby explanations of change or movement are classified into four fundamental types of answer to the question "why?". A variation: “As water rolling off a duck’s back.”. The important point to consider here is that proximate cause is the only nearest cause and not the remote cause. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to […] Proximate cause refers to a direct cause of loss, without which the loss would not occur; therefore, it is a highly relevant principle in the insurance industry. You take the plaintiff as you find them. The plaintiff, Mrs. Palsgraf, was waiting for her train at the end of the platform at Long Island Railroad Station. proximate cause, all causes preceding the proximate cause being rejected as too remote. One of the first principles we learn as babies is that of cause and effect. Sometimes the remote cause is called the ultimate cause. 146 , the defendant’s servants negligently left a house van unattended in a crowded street. Proximate is an antonym of remote. Legally, there are four factors needed to prove negligence: duty, breach of duty, causation, and damages. As we get older, this understanding becomes more complex. "Proximate cause is that which, in a natural sequence, unbroken by any new cause, produces the result which would not otherwise have occurred." defendant's negligence was the proximate cause of rescuer's injuries, four elements 1. defendant was The law cannot take account of everything that follows a wrongful act; it regards subsequent matters as outside the scope of its selection, because it were infinite for the law to judge the cause of causes, or consequences of conquensences. attorney fees to be a proximate cause of those expenses. Sometimes the remote cause is called the ultimate cause. The actions of the SUV driver are the actual cause of the accident. Proximate cause is defined as the cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury and without which the result would not have occurred. Aristotle wrote that "we do not have knowledge of a thing until we have grasped its why, that is to say, its cause." The doctrine of proximate cause, which is common to all branches of insurance, must be applied with good sense so as to give effect to and not to defeat the intention. https://www.InjuryClaimCoach.com Proximate cause is an important part of personal injury claims. If the injury wasn't foreseeable then the defendant can avoid liability. Infants learn that pushing an object will cause it to move, crying will cause people to give them attention, and bumping into something will cause pain. Before someone may be arrested or searched by a police officer without a warrant, probable cause must exist. For instance, if you were to throw a feather at a friend, you could foresee that action not causing injury. It is not necessary that the event which is immediately connected with the consequence is proximate and that further from it is too remote In Haynes Vs. Harwood (1925) 1 K. B. I. The moderator invoked a rule causing the debate to be ended. but the consensus of law stu-dents and others is that proximate cause remains a hopeless riddle.' For an act or event to be considered a proximate cause, it does not necessarily have to directly precede a loss or … It can also help us to solve problems, rather than relying on band-aid solutions. 4. The proximate cause of an injury is the act or omission of an act without which the harm would not have occurred. A situation that merely sets the stage for a later event because it made possible the loss is not proximate cause. The cause of the fire was probably due to a dropped cigarette. Don't say, for example, 'The cause of the fire was probably due to a dropped cigarette'. The possible defense that you may raise is the proper application of the “Proximate Cause Doctrine” in our Criminal law. TESTS TO DETERMINE THE PROXIMATE CAUSE 4 EFFICIENT INTERVENING CAUSE 5 LAST from ACCT 117 at University of the Philippines Diliman Proximate, Unforeseeable, and Remote Cause. majority rule-proximate cause extends liability to those whose conduct harms person within the zone of the reasonably foreseeable plaintiff to all within the reasonable zone of danger-outside that zone, no duty is owed dissenting opinion-if there was a duty to one person, it was owed to society as a whole. Under this principle, an insurance contract will respond to a claim unless the peril covered is the proximate cause … Define proximate cause. Yet, proximate and ultimate causes deal with questions of how and why and both have applications in other fields. Psychology Definition of REMOTE CAUSE: Origin of a problem which is separate from its effect, either due to space or time, but is still considered to be the ultimate genesis of the problem. proximate cause. Between the remote cause and the injury, there intervened the negligence of the minor’s parents or the detachment of the steering wheel guide of the jeep. Proximate cause: Because it was holed beneath the waterline, water entered the hull and the ship became denser than the water which supported it, so it could not stay afloat. n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In Dingle , Justice Devlin wrote: "Where injury has been done to the plaintiff and the injury is indivisible, any TortFeasor whose act has been a proximate cause of the injury must compensate for the whole of it." First, the hole that was caused in the bottom of the ship and second, the seepage of sea water into the ship. Hence reliance on Art. Smoking is the biggest preventable cause of death and disease. According to Wikipedia, a proximate cause is immediately responsible for causing something observed, and ultimate cause is considered the underlying or real cause. While determining the liability of the insurer, the proximate (nearest) cause alone and not the remote cause is to be considered. Proximate cause means the active, efficient cause that sets in motion a train of events which brings about a result, without the intervention of any force started and working actively from a new and independent source. In other words, proximate cause isn’t difficult to prove. 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. You can say that something causes someone to do something. 3 A remote cause is not a factor in determining proximate cause. proximate cause, all causes preceding the proximate cause being rejected as too remote. Proximate, Unforeseeable, and Remote Cause synonyms, Proximate, Unforeseeable, and Remote Cause pronunciation, Proximate, Unforeseeable, and Remote Cause translation, English dictionary definition of Proximate to make (something) happen; to bring about; to be the means of. The efficient and dominant cause of the loss in a chain of continuous event, unbroken by any new independent cause.Simply put, it is the ultimate cause of the loss. The proximate cause of the accident was the detachment of the steering wheel guide of the jeep. The nearest cause of the damage caused t… 184905, August 28, 2009, the issue for resolution by the Philippine Supreme Court was whether petitioner could be held solidarily liable with his driver, Rodel Ilustrisimo, to pay respondent C.O.L. cancer research and other deserving causes; Proximate, Unforeseeable, and Remote Cause, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Affect me [with revulsion] like the smell of a cheap cigar left smoldering in an ashtray —Jonathan Valin, The certainty [of his desire] landed in the bottom of my stomach like a flatiron —Mary Gordon, The change [in living accommodations] would be like going from Purgatory to Paradise —Louisa May Alcott, The conviction that I am loved and loving affects me like a military bracing —John Cheever, The effort made him choke like a tiger at a bone —Robert Frost, Every gesture … aroused a beat chant like the beat of the heart of the desert —Anaĩs Nin, (This city) exacerbates loneliness in me the same way that water makes Alka-Seltzer fizz —Pat Conroy, The general effect was exactly like a microscopic view of a small detachment of black beetles in search of a dead rat —John Ruskin, Has a disruptive effect … like a torpedo coming down Main Street —Anon politician on Gramm-Rudman Law, February, 1986, Has as little effect on me as water on a duck’s back —American colloquialism, attributed to South, Her absence felt like a presence, an electrical charge of silence in the house —John Updike, His death served to remind me, like a custard pie in the face, that life is sometimes like one big savage joke —Sue Grafton, (A blast of Prince [music] … ) hit me like a feather boa with a length of lead pipe in it —Jonathan Valin, Its [melancholy] effect upon you is somewhat similar to what would probably be produced by a combined attack of toothache, indigestion and a cold in the head —Jerome K. Jerome, It [forcing an old priest into retirement] was just like ripping an old tree out of the ground —W. Offering a flight attendant a $20 bill for a $2 drink is like spitting on an Alabama state trooper —Louis D. Wilson, Pain and poverty and thwarted ambition … can break the virtues like brittle bones —George Garrett, Seeing her again … was like rediscovering a half-forgotten landmark —Ann Petry, [When a tired-looking woman smiles] some of the years of hard living fell away like happy tears —James Crumley. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. Omission of an event, particularly injury due to negligence or an intentional wrongful act and injury no money the... Be imposed on the negligent party creative Commons Attribution/Share-Alike License ; ( legal ) Immediately preceding or following a! 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