An event without which injury or damage would not have occurred and which is closely enough related to the occurrence of the injury to make it fair, reasonable, or just to hold the defendant liable for that injury.
Insurance law requires the insured to show proof that the loss was caused by a peril covered by the policy. For instance, a fire destroyed property in a yard and weakened a surrounding wall. On the next night, a gale blew down the weakened wall. What, then, was the 'proximate cause' or the nearest real reason, for the wall's collapse - the fire or the wind? Here, the proximate cause would be deemed to be the wind, while the fire was only the remote cause.
That event which, in an unbroken sequence, results in direct physical loss under an insurance policy. For example, wind is the proximate cause of loss when a windstorm blows out a window that in turn topples a lit candle that sets fire to a structure and burns it down.
A proximate cause is the first event in a chain of events that gives rise to a claim. For example: if a car is driving along and swerves to prevent itself hitting a dog and that then causes damage to a lamp post and 5 other cars then the car that swerved is the proximate cause. So a proximate cause is the initial event in a chain of events.
In tort, the direct causal relationship between the breach of duty owed to another party and damages sustained by that party. In relation to an auto accident, the specific action or lack of action of a party that led to the accident. Example: If the first party involved in the accident was speeding but the second party pulled out in front of the first party, then it would be determined that the act of pulling out on front of the second party was the proximate cause of the accident.
That which brings about a result without the intervention of any other force. Important in insurance since it establishes which policy(ies) will pay for a loss, i.e.; the one(s) insuring the peril which was the proximate cause of the loss.
An act or omission that naturally and directly produces a consequence. It is the superficial or obvious cause for an occurrence. Treating only the "symptoms," or the proximate special cause, may lead to some short-term improvements, but will not prevent the variation from recurring.
The immediate and effective cause of the loss; not necessarily the last event before the occurrence which in a chain of circumstances leads naturally and directly in the ordinary cause of events to the loss
The proximate cause of an injury is the primary or moving cause that produces the injury and without which the accident could not have happened, if the injury is one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act.
The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
The active efficient cause which sets in motion a chain of events which brings about a result without the intervention of any new cause working actively from a fresh or independent source. Proximate cause is not necessarily the closest in time to the result.
For an accidental death or accidental disability insurance claim, the event that directly caused the death or disability, or the event that led to an unbroken chain of events resulting in death or disability.
Every event is the outcome of a chain (or net) of previous events, but in the words of Bacon "It were infinite for the law to consider the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause". This immediate or effective cause, not necessarily that closest in time to the event, is termed the proximate cause.
This is the active cause of a loss that sets in motion a train of events that brings about a result without the intervention of any force started and working actively from the new and Independent source. In simple terms this means that the most recent cause of a loss is not the cause that the insurers study to see if an event is covered. They look to see the active or first cause, check that the peril is covered by a policy, and then decide if a claim is valid.
Also known as Procuring Cause; in a real estate transaction, it is that cause originating a series of events which results in the prime objective of an agent's employment; i.e., producing a ready, willing and able buyer.