A fellow pedestrian negligently fails to leave enough room for the plaintiff to pass on the sidewalk, and the plaintiff falls into the hole. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. It must be truly independent and not set in motion by the defendant’s negligence. An intervening act will be called a superseding cause (or act) that relieves the original defendant of liability when the intervening act was or should have been reasonably foreseeable to the original defendant. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. Intervening Acts (Or Novus Actus Interveniens) It is also possible for certain events to break the chain of causation between the defendant’s actions and the claimant’s injuries. The intervening cause must occur between the defendant’s negligent act and the plaintiff’s injury, and it must have caused injury to the plaintiff. But in this situation, the actions of the car driver may be considered a superseding cause of the passenger's injuries, whether or not the bus company could also be considered negligent. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Id. When making determinations regarding whether proximate cause exists, parties will want to consider whether a superseding or intervening cause for a claimant’s injury is a defense to claims. labelling superseding cause as "an act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a. substantial factor in Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … Voting Absentee in South Carolina in the 2020 Election, Announcing THE LEGAL BENCH, Our New Podcast, South Carolina Workers’ Compensation Commission to Reactivate Fines for Reports and Forms on May 1, 2020. If you leave an open hole in a sidewalk, it's reasonable to foresee someone falling into it, especially if the sidewalk is crowded. Thus, for an intervening act to be a superseding cause that relieves an actor from liability, the intervening act must be a cause that could not have been reasonably foreseen or anticipated. Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. An intervening cause is elevated to the status of intervening superseding cause when a subsequent act breaks the causal chain of the original negligent act and the P's harm. A superseding or intervening act is one that breaks the chain of causation linking a defendant s wrongful act and an injury or harm suffered by a plaintiff. In some states, the information on this website may be considered a lawyer referral service. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … • “[A]n intervening act does not amount to a ‘superseding cause’ relieving the negligent defendant of liability if it was reasonably foreseeable: ‘[An] actor may be liable if his negligence is a substantial factor in causing an injury, and he is In contrast to an intervening cause, which does not relieve the original defendant of liability, a superseding cause usually does relieve the original defendant of liability. The attorney listings on this site are paid attorney advertising. A superseding cause disrupts the causal chain because the link between the defendant’s conduct and … In a negligence action, the plaintiff must prove proximately-caused damages. Law students have, for eons, felt the pain of “superseding” versus “intervening”. Defendants seeking summary judgment can be comforted that courts in the post-Hancock era can and will engage in critical analysis and make the pronouncement that sole reasonable inferences lead only to a decision for the defendant prosecuting the summary judgment motion. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. Blanchard, 310 S.C. 375, 426 S.E.2d 802 (1993). superseding cause n. the same as an "intervening cause," or "supervening cause," which is an event which occurs after the initial act leading to an accident, and substantially causes the accident. Do Not Sell My Personal Information. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. See Ballou v. Sigma Nu Gen. Donegan v. This is because our courts have held generally that when, between original negligence and the occurrence of an injury, there intervenes a willful, malicious, and criminal act of a third person producing the injury, but that such was not intended by the negligent person and could not have been foreseen by him, the causal chain between the negligence and the accident is broken. Superseding cause is a defense to negligence. 380, 383, 502 … Whether an intervening act breaks the causal connection between the original alleged tortious act and subsequent injury is a typically question for the fact finder and this determination will not be disturbed on appeal unless found to be without evidence which reasonably supports finding. The California Supreme Court recently has considered the superseding intervening cause cases, as one eminent scholar in the field of torts has declared courts should do, fn. Collins & Sons Fine Jewelry, 296 S.C. at 229, 371 S.E.2d at 545 (Ct. App. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. A superseding cause sufficient to become the proximate cause of the final result and relieve defendant of liability for his original negligence, arises only when an intervening force was unforeseeable and may be described, with … Stegmaier welcomes your questions at (803) 255-0454 or cstegmaier@collinsandlacy.com. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. Although the courts are divided on this question,8 they often hold that a negligent intervening Sparks from the fire cause Petrol's truck to explode, sending the fire on the way to Rancher's barns and home, which burn down. Let’s look at an example of this. 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…. If the employee is acting unreasonably when the event occurred, the event will be deemed an independent cause of disability and the employee can be denied benefits. Thus, to answer the legendary question posed by Lloyd Christmas from Dumb and Dumber, “So, you’re telling me there’s a chance?” for summary judgment, the answer is “Yes.”  With that said, the stars must very much align to put a defendant in a position to obtain a summary judgment order, holding the intervening and superseding act (or acts) operate to preclude recovery by the plaintiff as a matter of law. In a superseding intervening cause action, just as in a regular negligence action, there are two parts to determining legal cause. If, after the defendant acts negligently toward the plaintiff, a new cause combines with the defendant’s negligence to contribute to or worsen the plaintiff’s injury, that new cause is sometimes called an "intervening cause." This has an effect on who should be held liable for the damages caused by the accident. As the Supreme Court of Georgia pointed out, the effect of intervening or superseding causes depends upon whether the act of a third party will render the earlier act too remote to maintain the liability of the defendant. 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…. Start studying Negligence: intervening superseding cause. Put all these together and a defendant pursuing such an outcome has a fighting chance. An independent intervening cause is an act or event (by a party other than the defendant) that happens after the negligent act and injures the plaintiff. Most personal injury actions in South Carolina sound in negligence. The second pedestrian was also likely negligent for crowding the plaintiff into the hole. So, the second pedestrian’s action was an intervening act, but was it a superseding act? An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause. Copyright © 2020 Collins & Lacy, P.C. See, e.g., Bass v. Gopal, 384 S.C. 238, 247, 680 S.E.2d 917 (Ct. App. Let’s say that a homeowner digs a hole into a sidewalk and negligently leaves it open without any warning to pedestrians. Hurd, 363 S.C. at 428, 611 S.E.2d at 492. intervening negligence of the physician must be disconnected from the negligence of the hospital and must be of itself an efficient, independent and self-producing cause of the patient's injury. Only when the evidence is susceptible to only one inference does it become a matter of law for the court.”) (citations omitted); Leon Green, Rationale of Proximate Cause 132 (1927) (“Causal relation is one of fact. An intervening cause can be the action of another person (who is generally called a "third party"), and it can also be an act of nature, such as a branch falling from a tree or a weather-related event. All Rights Reserved. The first part of the analysis is the cause-in-fact analysis, which is a determination of whether the defendant’s actions were a “cause-in-fact” of the injuries. ‘Concurrent negligence consists of the negligence of two or more Learn more about proving fault in a personal injury case. The answer is probably no because the intervening action was (or should have been) reasonably foreseeable to the homeowner. There are three varieties of intervening acts. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. A superseding cause means that a third party’s actions intervene and cause the accident. Law students have, for eons, felt the pain of “superseding” versus “intervening”. And as part of establishing the negligence, the injured person must show that the at-fault party's action (or inaction) was a cause (sometimes called a "proximate" cause in legalese) of the resulting injuries. Even where a defendant’s conduct may be a source of negligence, the negligence may not be the proximate cause of the claimed injury. INTERVENING NEGLIGENCE and difficult when that act is a negligent one.7 The question then becomes: Should the intervening negligence of X be regarded as a "superseding cause," relieving D of liability? This is the biggest difference between an intervening cause and a superseding cause. 1997) (“The particular facts and circumstances of each case determine whether the question of proximate cause should be decided by the court or by the jury. Christian Stegmaier is a shareholder and chair of the Retail & Hospitality Practice Group at Collins & Lacy in Columbia. Superseding Cause. III. In other words, a superseding cause is an intervening act that is legally sufficient to transfer blame for the harm in question from the defendant to a third party, or to a natural event. 1995) (holding that for intervening act to break causal link, intervening act must be unforeseeable). An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. An injury is foreseeable if it is the natural and probable consequence of a breach of duty. In a negligence action, the … 1988); This above-cited case law alone creates a tall hurdle for defendants seeking summary judgment in intervening and superseding act cases. The original defendant will usually still be considered at least partially liable for the plaintiff’s injury even when an intervening cause is said to exist. ... A superseding cause is an unforeseeable intervening cause. Professors throw these terms around as if they are household words. The bus passenger who got hit sues the bus company for failing to provide a safe place for passengers to disembark. This hurdle got that much higher with the Supreme Court’s decision in Hancock v. Mid–South Management Company, Inc., 381 S.C. 326, 330, 673 S.E.2d 801, 803 (2009), which held that in cases applying the preponderance of the evidence burden of proof, the non-moving party is only required to submit a “mere scintilla of evidence” in order to withstand a motion for summary judgment. superseding cause — An act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about. An intervening cause is an event that occurs after the defendant’s negligence that contributes to the plaintiff’s harm. The independent intervening cause in this case was due to the Carpenter’s own conduct in refusing to take his medication in accordance with his doctor’s instructions. Cowan, supra, 111 N.J.at 465. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Let’s say a person is getting off a bus in a parking lot. Under longstanding premises liability standards, the homeowner is almost certainly negligent for leaving an open hole in the sidewalk. Not all intervening acts are superseding causes. This website is for informational purposes only. • “ [A]n intervening act does not amount to a ‘superseding cause’ relieving the negligent defendant of liability if it was reasonably foreseeable: ‘ [An] actor may be liable if his negligence is a substantial factor in causing an injury, and he is not relieved of liability because of the intervening act of a … The critical issue of fault in a personal injury case usually comes down to proving that someone was negligent in connection with the underlying accident or incident. The independent intervening cause in this case was due to the Carpenter’s own conduct in refusing to take his medication in accordance with his doctor’s instructions. Understanding Independent Intervening Causes. This has an effect on who should be held liable for the damages caused by the accident. In a negligence action, the plaintiff must prove proximately-caused damages. A superseding or intervening act is one that is the immediate and sole cause of the injury or harm. He is also active in the firm’s professional liability and appellate practices. The court must determine whether the employee was acting unreasonably when the event occurred. [5] Small v. Pioneer Mach., Inc., 329 S.C. 448, 467, 494 S.E.2d 835, 844 (Ct. App. Superseding cause is when an independent event occurred during an accident that keeps the negligent party (the defendant) safe from liability. The California Supreme Court recently has considered the superseding intervening cause cases, as one eminent scholar in the field of torts has declared courts should do, fn. A favorable set of facts—when viewed objectively and honestly–is key. So, what is the recipe for success for a defendant seeking summary judgment in an intervening and superseding act case? It can be achieved, but it’s a challenge. at 316, 422 S.E.2d at 130. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. causing the injury. Defenses against Negligence A. Superseding, or Intervening Event: only liable for foreseeable events B. Fraternity, 291 S.C. 140, 147, 352 S.E.2d 488, 493 (Ct. App. Thus, notwithstanding Hancock’s “scintilla of the evidence” standard, the trial court’s discretion to engage in a critical analysis of the facts, as articulated in Bass, Bloom, and Small remains good law in South Carolina. “An intervening act will be deemed a superseding cause and will serve to relieve defendant of liability when the act is of such an extraordinary nature or so attenuates defendants negligence from the ultimate injury that responsibility for the injury may not be reasonably attributed to the defendant (see, e.g., Martinez v. Results achieved on behalf of clients do not necessarily indicate similar results can be obtained for other clients. 3. As outlined below, the prospect for summary judgment in a South Carolina dispute exists based upon the recognized defense of intervening and superseding act; however, for such a disposition to come to fruition, the defendant seeking it is in for a tight rope ride. Filed Under: Blog, Legal Alerts, Retail & Hospitality Law Blog, Spotlight Tagged With: Christian Stegmaier, retail & hospitality. ‘Concurrent negligence consists of the negligence of two or more Arguably, the lack of foreseeably analysis becomes easier for the moving party when the intervening and superseding act in question is of an intentional and/or criminal nature. The question which naturally arises is whether the determination of superseding cause in this context is a … In other words, in a personal injury lawsuit filed by the injured passenger against the bus company, the company will point to the car driver's negligence as a superseding cause of the passenger's injuries. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Professors throw these terms around as if they are household words. In tort law, an intervening cause is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. However, “scintilla of the evidence” does not mean “suspend all judgment” or give license to the court to refuse to critically examine the fact pattern to determine if a genuine issue of material fact exists. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. 2009), aff’d, 395 S.C. 129, 716 S.E.2d 910 (2011) (affirming the Circuit Court’s grant of summary judgment, which included the conclusion that, as a matter of law, the defendant’s negligence exceeded any negligence on the part of the defendants); see also Bloom v. Ravoira, 339 S.C. 417, 422, 529 S.E.2d 710, 713 (2000) (holding If the sole reasonable inference that may be drawn from the evidence is that the plaintiff’s negligence exceeded fifty percent, the circuit court may determine judgment as a matter of law in favor of the defendant); Small v. Pioneer Mach., Inc., 329 S.C. 448, 464, 494 S.E.2d 835, 843 (Ct. App. A superseding cause is an unforeseeable intervening cause. An intervening act, which is a normal response created by negligence, is not a superseding, intervening cause so as to relieve the original wrongdoer of liability, provided the intervening act could have reasonably been foreseen and the conduct was a substantial factor in … & Pub. The intervening cause must occur between the defendant’s negligent act and the plaintiff’s injury, and it must have caused injury to the plaintiff. Sometimes this is called supervening cause or superseding. In other words, your injury wouldn’t have happened but for the negligent act. (Get the basics on negligence in a personal injury case.). Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. A defendant's superseding intervening cause argument was characterized by that court as "nothing more than an improper attempt to inject comparative negligence principles into this strict product liability action." A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. In contrast to an intervening cause, which does not relieve the original defendant of liability, a superseding cause usually does relieve the original defendant of liability. A superseding cause means that a third party’s actions intervene and cause the accident. 1 NOTE WELL: Insulating negligence, also referred to in North Carolina case law as intervening or superseding negligence, Barber v. Constien, 130 N.C. App. • “Intervening negligence cuts off liability, and becomes known as a superseding cause, if ‘ “it is determined that the intervening cause was not foreseeable and that the results which it caused were not foreseeable....” ’ ” (Martinez, supra, Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment December 11, 2019 by Christian Stegmaier Most personal injury actions in South Carolina sound in negligence. 1988); see also Dixon v. Besco Eng’g, Inc., 320 S.C. 174, 463 S.E.2d 636 (Ct. App. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. If the intervening cause is foreseeable, however, the defendant will still be liable. Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment By Christian Stegmaier Most personal injury actions in South Carolina sound in negligence. “An intervening act will be deemed a superseding cause and will serve to relieve defendant of liability when the act is of such an extraordinary nature or so attenuates defendants negligence from the ultimate injury that responsibility for the injury may … Model Jury Charge (Civil) 6.14; see alsoDavis v. Superseding cause is a defense to negligence. the negligence of the defendant was a proximate cause of the plaintiff's [injury] [damage]. “Thus, if an injury is produced by an intervening and superseding cause, even though the original negligence may have been a substantial factor in bringing about the injury, the original actor is not legally responsible therefore because the necessary proximate cause is … Website by. Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment By Christian Stegmaier Most personal injury actions in South Carolina sound in negligence. 1997) (citing Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978); see also Bramlette v. Charter–Medical–Columbia, 302 S.C. 68, 393 S.E.2d 914 (1990) (ruling primary wrongdoer’s action is legal cause of injury if either intervening act or injury itself was foreseeable as natural and probable consequence of that action); Stone v. Bethea, 251 S.C. 157, 161–62, 161 S.E.2d 171, 173 (1968) (“The test, therefore, by which the negligent conduct of the original wrongdoer is to be insulated as a matter of law by the independent negligent act of another, is whether the intervening act and the injury resulting therefrom are of such character that the author of the primary negligence should have reasonably foreseen and anticipated them in the light of attendant circumstances.”). causing the injury. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. 1986) (“Only in rare or exceptional cases may the question of proximate cause be decided as a matter of law.”). In a negligence action, the plaintiff must prove proximately-caused damages. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. It has been held a third party’s intervening acts of wrongdoing do not break the causal chain if the acts were foreseeable. Intervening cause — An intervening cause is a potential defense to the tort of negligence, if it is an unforeseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause.For example, if a defendant had carelessly spilled gasoline … Wikipedia Additionally, getting the motion in front of a presiding trial judge with a reputation to being even-keeled and open to grant summary judgment when the circumstances warrant is also a fundamental requirement. ® Self-help services may not be permitted in all states the victim 's injury only if the acts were.! Legal Alerts, Retail & Hospitality and honestly–is key one that is the defendant absolutely forced to the... That removes liability is called a superseding cause, ” may be considered a lawyer referral service and the Terms... Causal intervening or superseding negligence, intervening act to break causal link, intervening act is that. 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