Comparative fault systems in place in many states broadly define the term fault and envision a scheme in which the fact finder is able to hear evidence regarding all potential proximate causes of injury and apportion responsibility accordingly.
negligence of the plaintiff or third parties), all of which may be proximate causes of the injuries the plaintiff sustained, whether they are limited to those sustained in the initial collision or enhanced by a defective product in a subsequent collision.
case that distinguished the application of proximate cause analysis in
conduct, it must be established that his conduct was a proximate cause
Factors endowments and productivity are treated as the proximate causes
of growth, which in turn are determined by the institutions and geography.
A proximate cause
of the damages was the collision.
The first holds that the crashworthiness doctrine must be viewed through the prism of traditional tort principles--such as proximate cause
and the doctrine of subsequent tortfeasors--and that these principles mandate the application of comparative fault.
That's because the facts, phenomena, laws and proximate causes
that Newton discovered don't change.
The proximate causes
are, of course, well known, for instance, the organizational differences and technological disparities between the Old and the New Worlds when they collided (e.g., in guns, germs, and steel).
The first section of the paper examines seven suggested proximate causes
for the poor performance of U.S.
Most importantly, companies will need to look beyond proximate causes
and use appropriate incident investigation techniques to provide enough information to uncover root causes.
(55) The university subsequently moved for summary judgment, "claiming that the University can not [sic] be liable to the plaintiff, as a matter of law, because it did not supply alcoholic beverages to its minor students." (56) The court denied the University's motion for summary judgment, reasoning that the University had a duty to Flynn and that the University's negligence could be found to be the proximate cause
of the underage drinking and the resulting accident.