The foreseeability test basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct. But sometimes, intervening comes with risk. An intervening cause relieves a defendant of liability only if it would not have been foreseeable to a reasonable person, and only if damage resulting from the defendant's own actions would not have been foreseeable to a reasonable person. But if opposing counsel's questions go out-of-bounds, you need to… An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. and/or the California Business and Professions Code §6077.5 et. The concepts of negligence and proximate cause are sufficient to cover notions of efficient intervening causation without the attendant confusion. 9. A supervening or intervening cause is something that supersedes the original wrongful act or omission in the chain of causation, breaking the chain of causation between the original and actual cause and the injury. Legal or proximate cause = Whether just or fair to hold the defendant criminally responsible. An intervening act, which is a normal response created by negligence, is not a superseding, intervening cause so as to relieve the original wrongdoer of liability, provided the intervening act could have reasonably been foreseen and the conduct was a substantial factor in bringing about the harm. alone were "too remote and not proximate enough." The California Court of Appeals issued an order to show cause and a stay of further trial court proceedings pending the Court of Appeals’ review of the record. Cause cause n 1: something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. Legal cause means that the defendant is held criminally responsible for the harm because the harm is a foreseeable result of the defendant’s criminal act. 408.357.8073 This new act occurs after the original act. 2.6-1, 2011). Amco Insurance Company, 1 a California Court of Appeal issued an important decision addressing this issue. In this case, an employee told the police that she believed someone at work stole her wedding ring. An intervening cause will break the chain of causation and absolve a person of liability only if the cause is a “superseding” cause. Foreseeability is a personal injury law concept that is often used to determine proximate cause after an accident. An intervening cause can be the action of another person (who is generally called a "third party"), and it can also be an act of nature, such as a branch falling from a tree or a weather-related event. John Stone, Senior Attorney, National Legal Research Group. seq. D Failure to State a Cause of Action: The defendant asserts that the plaintiff has failed to state an essential element for one or more of its causes of action, specifically: ... -Civil Code §1788 et. In 2015, a California appellate court expanded the protections even further and held in Cardenas v.Fanaian (2015) 240 Cal.App.4th 1167 that Section 1102.5 also protects employees who disclose information about unlawful activity at work related to a personal matter. 2.6-1, 2011). Counsel may conduct a "liberal and probing examination" that's calculated to discover juror bias or prejudice related to the circumstances of the case. An intervening cause is an independent, foreseeable cause that is occurs after another cause in time in producing the result but does not interrupt the chain of causation. For example, assume that a farmer agrees to store a large, heavy sculpture for an artist. Merriam-Webster, Incorporated. Once the jury panel has been sworn, prospective jurors are selected at random, seated in the jury box, and questioned. the nineteen twenties courts asserted that damages of mental suffering standing. L. Rxv. Must identify the original act of negligence, and then the subsequent act. 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. 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