Intervening Cause

Intervening Cause in United States

Intervening Cause Definition

Superseding Cause in this legal Encyclopedia
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Intervening cause meaning

Where a necessary cause to a tort occurs and where a superseeding sufficient cause intervenes that intervening cause will clearly be a tort. The question then is what of the underlying necessary cause? Will it also be a tort? If the necessary cause was not however sufficient then it will not be a legal cause and will not give rise to a cause of action. If on the other hand the necessary cause was in fact sufficient but did not occur due to the intervening cause liability for the earlier necessary cause will also lie.

For example imagine a person has been poisoned: because of the poison they will die. However before they die a second tort feasor shoots them to death. Clearly the second party is liable. The first party is also liable – strictly speaking the second cause is not an intervening cause.

Imagine the opposite case: defendant is drunk, and drives with a passanger. At a traffic light, the passenger gets out of the stopped car, and crosses the street against the signal – and is struck by another driver. Clearly the drunken driver is negligent and is also factually a cause, i.e. a necessary cause. However his action is not sufficient: once the passenger got out of the car and crossed the street the second car acts as an intervening cause.

Phillabaum v. Lake Erie & W. R. Co., 315 Ill. 131, 145 N.E. 806, 808.
Coyle v. Stopak, 86 N.W.2d 758, 768;


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