Big Pine CA
May 13, 2018
Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Encyclopedia, Wikipedia.
An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.
Proximate cause is the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause.
To help determine the proximate cause of an injury in Negligence or other tort cases, courts have devised the "but for" or "sine qua non" rule, which considers whether the injury would not have occurred but for the defendant's negligent act. A finding that an injury would not have occurred but for a defendant's act establishes that the particular act or omission is the proximate cause of the harm, but it does not necessarily establish liability since a variety of other factors can come into play in tort actions.
Some jurisdictions apply the "substantial factor" formula to determine proximate cause. This rule considers whether the defendant's conduct was a substantial factor in producing the harm. If the act was a substantial factor in bringing about the damage, then the defendant will be held liable unless she can raise a sufficient defense to rebut the claims.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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: negligence, intervening cause) Copyright © 1981 2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
noun causation, derivation, immediate legal basis, immediate legal cause, immediate legal genesis, proper cause, proximate causation, sufficient legal basis, sufficient legal causation, sufficient legal cause, sufficient legal factor, sufficient legal genesis, sufficient legal inducement, sufficient legal source
Associated concepts: contribution-efficient cause, contributory negligence, immediate cause, intervening cause, proximate consequence, proximate result Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.
Update: Fall of the Anglo American Paradigm PT. IV
Big Pine CA,
May 4, 2018
I am passing through Inyo County on my way to Lake Shastina for the summer. This past winter was the best season I have had since I composed the Supreme Court case CV-98-7015 Nollmeyer v. United States Gov. et al. I will be 57 years of age on August 3, 2018. I have run my best race and ran the extra mile. I have chased down more than one red herring. The damage to world and Owens Valley is not small. I do not believe that Barack Obama will legally survive if he lives to be 85 which would 2046. It is incredulous to believe that Artificial Intelligence can be developed while sanitizing Chemical Assault Scorched Earth.
Last summer I attempted to resurrect my disrupted music career. I have salvaged over 20 songs. They can be seen and the scores downloaded here:
I did not believe that the Chemical Assault Scorched Earth would have lasted over 30 years. People should prepare for an indefinite attack. The proliferation of Fake News or the War Worlds versus Citizen Kane is embedded in the Greek Gift of the Gods Caveman Attack. The so called Obama Exemption is dubious. If I was born after 1955 I would consider the chance of having to testify under Oath and criminal penalties.
I will compose two more Chapters of Fall of the Anglo American Paradigm PT. IV. Such has a working Preface and a Chapter 1 this year. The text should be complete before 2020.
Working Preface: Fall of the Anglo American Paradigm PT. IV
Big Pine CA,
October 9, 2017
The Fall of the Anglo American Paradigm PT. IV has a working Preface:
MOEC Studies Has A New Domain
October 6, 2017
I placed my order for www.moec-studies on Sunday, October 1, 2017. That evening the worst mass murder in United States History occurred.
On the night of October 1, 2017, 59 people were killed and another 489 injured when a gunman opened fire on a large crowd of fans at the Route 91 Harvest music festival on the Las Vegas Strip in Nevada. The perpetrator was 64 year old Stephen Paddock of Mesquite, Nevada. Between 10:05 and 10:15 p.m. PDT, hundreds of rifle rounds were from his suite on the 32nd floor of the nearby Mandalay Bay hotel. About an hour after firing ceased, Paddock was found dead in his hotel room from a selfinflicted gunshot wound. His motive remains unknown.
The incident is the deadliest mass shooting committed by a lone gunman in U.S. history. The crime reignited the debate about gun laws in the U.S., with attention focused on bump firing, a technique Paddock used to allow his semiautomatic weapons to fire at a rate similar to that of a fully automatic weapon.