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Personal Injury Cases: Examples of Proximate Cause

Posted in , on November 4, 2021

When you bring a personal injury claim, there are several elements that you need to prove to win your case. One of the things that you must prove is proximate cause. What is proximate cause? What are some examples? Our Colorado personal injury lawyers explain here.

Colorado Springs car accident

What Is Proximate Cause?

Proximate cause is when one action leads to another and creates legal liability. It is the cause and effect between an action and a foreseeable result. However, it is more than just one thing leading to another. Instead, it is that a consequence is the reasonably expected result of an action.

What Is the Definition of Proximate Cause in Law?

The definition of proximate cause in law is that someone’s actions led to foreseeable consequences. It is the concept of being legally responsible for the predictable results of your actions.

Other Names for Proximate Cause

Other terms that you may hear for the term proximate cause include:

  • Cause in fact
  • Legal cause
  • Responsible cause
  • Causation in fact
  • But for test

How Does Colorado Law Define Proximate Cause?

Colorado law defines proximate cause as when an act has a natural and occurred sequence, unbroken by any efficient, intervening cause. It produces a damaging result and without the act, the result would not have occurred (Calkins v. Albi, 431 P.2d 17 (Colo. 1967))1.

The Colorado Supreme Court further clarified the meaning of proximate cause in Rocky Mountain Planned Parenthood Inc. v. Wagner, No. 19-SC-251 (2020)2. After a shooting at a Planned Parenthood clinic in Colorado Springs, victims sued Planned Parenthood for inadequate security. Without weighing in on the merits of the claim, the court allowed the question of causation to proceed to trial. They said that proximate cause depends on the foreseeability of the harm.

They applied common law tort principles to interpret the meaning of causation in premises liability claims, stating that physical harm may be a foreseeable result of inadequate security and poor property protection.

Examples of Proximate Cause

Slip and Fall on Stairs

To help you understand the concept of proximate cause, here are some examples:

  • A drunk driver weaves into oncoming traffic and strikes another vehicle. There is proximate cause between drunk driving and the accident.
  • When employees neglect to clean up a spill on the floor, a customer slips. They break their wrist. The spill on the floor is the proximate cause of the fall.
  • When a business fails to limit the number of individuals in their establishment, the floor becomes extremely crowded. Jostling causes one patron to negligently bump another, causing a fall. Even though the patron is the one that directly caused the fall, the failure on the part of the business to appropriately limit the number of guests in their establishment is still the proximate cause of the fall and the victim’s injuries.
  • A store leaves a pallet of products in the aisle. A customer is walking and texting on their phone. They strike the pallet and fall. Although texting is a proximate cause of the fall, leaving the pallet in the aisle is also a proximate cause of the fall.
  • When a speeding driver fails to stop at a stop sign, another driver must swerve to miss them. The second driver fails to notice a pedestrian in the crosswalk. The speeding driver is a proximate cause of the injury to the pedestrian because the secondary crash was a foreseeable consequence of the speeding driver.

What Is an Intervening Cause?

An intervening cause is something that happens to cut off the chain between the action and the harm to the victim. If an intervening cause is unexpected enough, it breaks off liability between the original negligent action and the injury. Not all secondary causes are unexpected enough to cut off the chain of legal liability for the actor and the harm that results from an accident.

An intervening cause relieves the defendant of liability only if it is not reasonably foreseeable. Even someone else’s criminal act may be reasonably foreseeable in some contexts (Ekberg v. Greene, 588 P.2d 375, 377 (1978)3). However, in Walcott v. Total Petroleum, Inc., 964 P.2d 609 (Colo. App. 1998)4, the court said that it was not reasonably foreseeable that a customer at a gas station would throw gas on someone and light them on fire to the point of making the gas station legally liable to the victim.

Colorado Jury Instructions for Proximate Cause

Colorado jury instructions explain proximate cause. Instructions 9:18-9:215 may be appropriate to read to the jury. Colorado jury instruction 9:18 defines “cause” as an act or failure to act which produces the claimed injury in a natural and probable sequence. Without the act, the injury would not have happened.

In Reigel v. SavaSeniorCare, LLC, 292 P.3d 977 (Colo. App 2011)6, the court clarified that the test is a “but for” test, and not a test of whether the actions made the accident substantially more likely to happen. The test of proximate cause is not a speculative test or a question of what is possible.

Colorado jury instruction 9:19 says that there may be more than one proximate cause. Even if someone is at fault, that doesn’t mean that the defendant isn’t also at fault. Instruction 9:20 says that a proximate cause does not have to be the latest cause or the nearest cause. If it joins in the chain of reasonable possibility in some way, it makes the victim legally liable.

What Do I Need To Know About Proximate Cause in My Legal Claim?

Proximate cause is an important part of the proof of any legal claim. As a victim, be ready for the defense to claim that there is no proximate cause or that another intervening cause means that they are not liable for damages.

However, you can fight back and present the proofs that your injuries are the natural result of the defendant’s actions. Understand that proximate cause is one important part of the complete picture when proving a personal injury claim.

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Lawyers for Proving Proximate Cause in a Personal Injury Claim

Do you have questions about proving proximate cause in a personal injury claim? Our lawyers handle personal injury claims, both simple and complex. Let us help you with all the questions in your claim, including all of the elements you must prove to receive the compensation you deserve.

Contact our personal injury attorneys in Colorado to schedule your free and confidential consultation.

Sources:

1Calkins v. Albi, 431 P.2d 17 (Colo. 1967)

2Rocky Mountain Planned Parenthood Inc. v. Wagner, No. 19-SC-251 (2020)

3Ekberg v. Greene, 588 P.2d 375, 377 (1978)

4Walcott v. Total Petroleum, Inc., 964 P.2d 609 (Colo. App. 1998)

5Colo. Crim. Jury Instr. § 9:18-9:21

6Reigel v. SavaSeniorCare, LLC, 292 P.3d 977 (Colo. App 2011)

Kyle Bachus

Kyle opened Bachus & Schanker, with little more than a tiny, rented office and a lot of determination. Starting with less than $15,000, their business has grown into one of the largest, most well respected personal injury firms in the Colorado region. Kyle and his partner Darin Schanker are committed to understanding the circumstances confronting their clients, and ensuring that responsible parties are held accountable for damages they have caused.

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