proximate cause - definitie. Wat is proximate cause
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Wat (wie) is proximate cause - definitie

BASIS OF LIABILITY IN NEGLIGENCE IN THE UNITED STATES
But for rule; But for test; Direct and proximate cause; Proximate causes; Unforeseeable plaintiff; Foreseeability; Foreseeable risk; Causa proxima, non remota, spectatur; Proximal cause; But for; Causa proxima, non remota, spectetur

proximate cause         
n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter. See also: intervening cause negligence
Proximate cause         
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause.
direct and proximate cause         
n. the immediate reason damage was caused by an act or omission (negligence); the negligence must have caused the damages, without intervention of another party, and can- not be remote in time or place. Example (in a complaint): "Defendant's negligent acts (speeding and losing control of his vehicle) directly and proximately caused plaintiff's injuries." See also: cause complaint proximate cause

Wikipedia

Proximate cause

In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A few circumstances exist where the but-for test is ineffective (see But-for test). Since but-for causation is very easy to show (but for stopping to tie your shoe, you would not have missed the train and would not have been mugged), a second test is used to determine if an action is close enough to a harm in a "chain of events" to be legally valid. This test is called proximate cause. Proximate cause is a key principle of insurance and is concerned with how the loss or damage actually occurred. There are several competing theories of proximate cause (see Other factors). For an act to be deemed to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact.

The formal Latin term for "but for" (cause-in-fact) causation, is sine qua non causation.

Voorbeelden uit tekstcorpus voor proximate cause
1. If not, was that failure the proximate cause of the deaths and injuries?
2. Article continues No one can actually remember what the proximate cause of his actual departure was, back in 2002.
3. It is also important to consider the proximate cause of the collapse: Israel uncovered a tunnel that, it claims, was slated to be used to abduct soldiers.
4. The proximate cause of the higher savings and lower investment in the newly industrialised countries and the Asean four was certainly the shock of the financial crises.
5. In a way the proximate cause, the electrocution of two fleeing youths in the Parisian suburb of Clichy–sous–Bois, is unimportant in itself.