proximate cause


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proximate cause

The primary or moving cause of an injury.

References in periodicals archive ?
If the evidence shows the Thomas Fire or another peril covered by a homeowner's insurance policy was the efficient proximate cause of mudflow damage, I expect insurance companies to step up and cover these financial losses.
The circuits that have addressed the matter since the decision in Empagran II have agreed that proximate cause is the proper standard.
A variant of proximate cause is when the harm suffered is a natural expectation of the underlying condition, and the wrongdoer's negligence simply deprived the victim of some chance of reducing that risk.
22) The court held that the evidence was inadmissible, holding that comparative fault should not be assessed in a crashworthiness case unless it is shown to be a proximate cause of the enhanced injury.
case that distinguished the application of proximate cause analysis in
Ironically, some might wonder whether, had the request been made relative to, not a determination of the amount of damages which the jury might award, but as to whether or not the defendant had been liable for medical malpractice and/or negligence which was in violation of its duty to the deceased patient, whose death might not have occurred, but for the actions of the defendant, which were by omission and/or commission the direct and proximate cause of her intracranial hemorrhage and death.
Although fire was the primary proximate cause of 1989-2008 deforestation (93%) and net carbon emissions (69%), by 2007-2008, oil palm directly caused 27% of total and 40% of peatland deforestation.
In the scene above, both the line-of-duty officer (LD) and the financial liability investigations of property loss (FLIPL) officer assigned to investigate these facts must resolve whether certain actions were negligent, and whether that negligence formed the proximate cause of the officer's self-inflicted wounds and property damage to the MRAP.
The court held, inter alia, that the defendant failed to establish its prima facie entitlement to judgment as a matter of law, since its expert did not opine that it did not depart or deviate from accepted medical practice or that any such departure was not the proximate cause of the alleged injury.
This Note argues that two conceptions of traditional proximate cause doctrine can provide a framework for analyzing such claims.
The proximate cause was a report in The New York Times revealing that when Russian police and other state authorities confiscated computer equipment from activist organizations, they frequently had a handy excuse: Those computers were running unlicensed and illegal Microsoft software.
The significance of fossils from the evolutionary point of view is crucial, which may provide solid information about clue of change in climate and proximate cause of its extinction.