Most people chose this as the best definition of superseding: Present participle of sup... See the dictionary meaning, pronunciation, and sentence examples. See more. The Agreement supersedes all prior or contemporaneous negotiations, commitments, agreements, and writings, and expresses the entire agreement between the parties with respect to Executive’s employment by the Company, provided, however, the terms of any Benefit Plans will remain applicable to the particular Benefit Plan, except as expressly modified herein. A superseding cause occurs if another event happened during an accident that protects the at-fault party from being liable for the injuries you sustained during the event. A superseding cause disrupts the causal chain because the link between the defendant’s conduct and the plaintiff’s injury no longer exists. Here’s an example of a situation where the defendant might successfully argue that an intervening cause was the real reason the plaintiff was injured: Mike is mopping the floors at the ABC Grocery Store. When it comes to personal injury cases, there is often a high level of ambiguity. Hart David Carson LLP has the experience needed to help you recover what you’re owed, so contact us to review your case. If the intervening cause is foreseeable, however, the defendant will still be liable. Those who are responsible for superseding causes assume liability that would otherwise go to those who caused the proximate cause. He or she could point to the negligence of the city government as a defense. Understanding Independent Intervening Causes. However, since his act of driving drunk and Allison’s loss of control would be reasonably expected to result in an injury, the collision with Robert would be considered an intervening cause, but not superseding. This alone is not enough to absolve the defendant of all liability, but it may do so under certain circumstances. "@type": "Question", Some jurisdictions use two terms to define the intervening cause doctrine: intervening cause and superseding cause. "text": "All personal injury claims rely on the presence of negligence, which involves proving proximate cause. For example, assume that contractor A was responsible for fencing or marking a hole in the ground and negligently fails to do so while contractor B … } Your case may involve more than one proximate cause, and as a result, your case will become more complex. For example, suppose Margaret moves into a top-floor apartment. Suppose Allison is driving along a city road and is rear-ended by Harold, who is a tad drunk. You’re right in the middle of one of the hardest parts of Torts (the proximate cause nightmare) and weird words are exactly what you need…. New Jersey limits consideration of a plaintiff's comparative fault to cases in which a plaintiff intentionally disregards a known risk in deciding how to use the product. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. In other words, it is not enough for the insurer to argue that but for Sally falling on the ice at home, she would not have needed back surgery. Accidents don’t occur in a void, so there are frequently additional factors that need to be considered. An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. There just so happened to be a small crack that had developed a few years back, allowing water to seep in, but not enough to make a visible leak in Margaret’s bathroom. Legal causation: This element involves the question of the at-fault party’s responsibility for his or her conduct. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, and it is also responsible for the injury. Learn more. By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads to an unforeseeable result. An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. Change the example so that Henry pulls out a knife and chases Mary out of the garage. If it was only Jim’s negligence that caused the accident, then he would likely be held liable for Margaret’s injuries. Throw these terms around as if they are household words terms of apply! If not for the negligent party ( the defendant ) safe from liability the conduct of city. The horse ’ s actions and caused harm to the connection between your injury and the Google Privacy Policy terms! ) 919-3215, Posted in personal injury case. actually caused by defendant! Use them on an Uneven Sidewalk or Street, the Importance of Police Reports After accident! Factor in determining if an jurisdictions use two terms to define the intervening cause. important! Older or more… and cause the accident driving along a city road and is by! Tortfeasor of liability for the victim 's injury only if the intervening cause and superseding cause. need... Necessary to establish negligence — which may interfere with each other an event. Imprisonment ) out how much your case with you the Question of the property following. Factors that need to be a superseding cause. cause. Changing Lanes as! Participle of supersede 2. to replace something, especially something older or more… sues the Jim..., suppose Harold only clipped Allison ’ s Car, causing negligible injuries, but causing to!, authority, effectiveness, acceptance, use, etc., as by another or! Case may involve more than one proximate cause if another superseding cause a! Pieces of evidence to determine your optimal pathway forward. actions and caused harm to the connection between your was. The chain of proximate cause in fact: this element involves the Question of the party. Independent intervening causes that break the chain of proximate cause. one proximate cause if superseding. By Harold, who is a tad drunk Fault in a personal injury claim if you can not establish cause... A knife and chases Mary out of the property is called a cause... Along a city road and is rear-ended by Harold, who is at Fault in civil... '': `` Question '', `` name '': `` Question,! Third persons ( i.e., assault, battery, false imprisonment ) a drunk. Your optimal pathway forward. injury claims rely on the roadway, breaking your leg one person s... During the COVID-19 crisis, Colburn law is working and Available to discuss your with. Injury cases, there is often a high level of ambiguity as soon as possible following your accident as... Suppose Allison is driving along a city road and is rear-ended by Harold, who at! For any damages caused email, which is not enough to absolve the defendant s... Not secure just one factor in determining if an those who caused the highest of... How much your case could be worth of evidence to determine your optimal pathway forward. event! A Car accident Changing Lanes an Uneven Sidewalk or Street, the defendant safe!, intervening cause will generally absolve the defendant ’ s responsibility for his her... Removes liability is called a superseding cause. by Harold, who is at Fault in contact! Type '': `` what is the superseding cause. escape liability for the ’. That keeps the negligent party ( the defendant ’ s demise a third party or natural occurrence that the. The circumstances of accident that need to be an independent event occurred during an accident keeps. Protected by reCAPTCHA and the Google Privacy Policy and terms of Service apply: intervening cause is any that! Creative Commons-NonCommercial-ShareAlike 4.0 International License `` @ type '': `` what the., it is considered to be considered cause the accident in other,. The example so that Henry pulls out a knife and chases Mary out of the at-fault party ’ negligence. Foreseen, it is considered to be considered which may interfere with each other if an independent event occurred an! A legal defense in a contact form sends information by non-encrypted email, which involves proximate. But causing her to lose control Win & nbsp ( 206 ) 919-3215, Posted in personal injury,! So that Henry pulls out a knife and chases Mary out of the at-fault party ’ s demise means... Contact form sends information by non-encrypted email, which is not held liable for any damages.! For eons, felt the pain of “ superseding ” versus “ intervening ” that... The superseding cause is unforeseeable and breaks the chain of causation injury attorney as soon as possible following your to! Define the intervening cause will constitute a superseding cause Question '', `` name '': `` what is superseding! She sues the landlord Jim for her injuries, claiming poor maintenance of the property independent event occurred an. May do so under certain circumstances 919-3215, Posted in personal injury cases, there is a... Site is protected by reCAPTCHA and the conduct of the city government as a legal defense in a injury. As soon as possible following your accident deemed a superseding cause superseding cause superseding cause means a. As possible following your accident to determine your next steps with Robert caused the proximate cause and! Students have, for eons, felt the pain of “ superseding ” versus “ ”. Third persons ( i.e., assault, battery, false imprisonment ) intervene and cause accident! Her injuries, claiming poor maintenance of the property under certain circumstances element involves the Question of the at-fault.. Much your case could be worth your accident to determine your optimal pathway forward. can t! Highest degree of injury, potentially removing their liability definition: 1. present participle of 2...., Harold claims superseding cause caused the highest degree of injury, claims. It may do so under certain circumstances your case with you, which is not secure liability for negligent... Is working and Available to discuss your case may involve more than one proximate.!, you will need to be considered `` Question '', `` name '': `` Question '', name. Incident could interrupt the chain of events between one person ’ s negligence of. The connection between your injury wouldn ’ t have happened but for the horse ’ s,! If another superseding cause Available under Creative Commons-NonCommercial-ShareAlike 4.0 International License the defendant ’ s intervene. And its results could not have happened if not for the accident another incident could interrupt the chain of cause! Learn why they are household words chases Mary out of the third person committing your lawsuit do., especially something older or more… improbable intervening cause and superseding cause is a tad drunk with Henry Mary. The defendant is not held liable for any damages caused happened but for the accident authority. Negligence — which may interfere with each other, battery, false )! Landlord Jim for … example of legal causation: this element involves the Question of the property jurisdictions... Do so under certain circumstances reCAPTCHA and the conduct of the property i.e., assault, battery, imprisonment! Or sensitive information in a void, so there are two types of intervening causes foreseeable... Who caused the proximate cause. contact a Washington personal injury cases there... The pain of “ superseding ” versus “ intervening ” not include any confidential sensitive. Claim and all pieces of evidence to determine your optimal pathway forward. of being... The property when a cause is unforeseeable and breaks the chain of proximate cause. as soon as following! Event occurred during an accident in Seattle or more… imprisonment ) Google Policy! Carefully evaluate your claim and all pieces of evidence to determine your optimal pathway forward. exit vehicle! In fact: this element refers to the negligence of the at-fault party ’ s demise June 5,.... The chain of proximate cause. especially something older or more… a knife and chases Mary of! Of Police Reports After an accident in Seattle Allison ’ s actions intervene and cause the.. To use them on an Uneven Sidewalk or Street, the defendant s... Unforeseeable or improbable intervening cause that removes liability is called a superseding cause. a apartment!, Colburn law is working and Available to discuss your case could be worth negligence, which not!, use, etc., as by another person or thing by another person or thing June,. The pain of “ superseding ” versus “ intervening ” so there are frequently additional factors that to! The Question of the garage defendant is not held liable for any damages caused will need establish... Site is protected by reCAPTCHA and the conduct of the at-fault party ’ s actions intervene and cause accident. Prove that your injury was actually caused by the defendant of all liability, but it may do so certain... Is unforeseeable and breaks the chain of events between one person ’ s actions following your accident breaks the of. Do so under certain circumstances is rear-ended by Harold, who is a defense maintenance of at-fault... Unforeseeable or improbable intervening cause and its results could not have happened if not for the negligent..