- Jan 6, 2025 - Personal Injury - Written by Cloward Trial Lawyers, reviewed by Ben Cloward
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call or text us 702-605-5000Understanding proximate cause example scenarios is crucial in personal injury law. This concept determines whether an injury was a foreseeable result of someone’s actions and plays a pivotal role in establishing liability. At Cloward Trial Lawyers, we’re here to help Las Vegas residents navigate the complexities of personal injury cases.
Proximate cause also referred to as legal cause establishes a direct relationship between the actions of the defendant and the injury of the plaintiff. It is not enough that the defendant acted negligently; the injury must be a reasonably foreseeable consequence of their actions. The Legal Information Institute at Cornell Law School reports that proximate cause confines liability to injuries that are reasonably related to negligent conduct.
Actual cause, or cause-in-fact, is the direct link between the action and injury. For example, the driver ran the red light and struck a pedestrian; the actual cause of the injury was running the red light.
Proximate cause goes a step further: Was the injury a foreseeable consequence of running the red light? While actual cause establishes physical cause, proximate cause establishes the legal boundaries of liability.
Establishing proximate cause is the keystone in personal injury cases because it requires an establishment of three major components:
There was a negligent act, foreseeability of injury, or the plaintiff sustained an injury that was highly likely as a result of the actions of the defendant, and the negligent action substantially contributed to the harm.
The courts, while determining proximate cause, consider many factors, which include whether the injury was a direct result of the negligence or if it involved intervening factors. The aspect of foreseeability is very important because the courts use it to determine whether the injury was a natural consequence of the actions of the defendant. The NYC Bar Association says that, legally, the principle of foreseeability serves to limit liability to injuries that a reasonable person could have foreseen in the circumstances.
Consider a driver who is speeding on the Las Vegas Strip, loses control, and causes a multi-car collision. If the initial speeding was the direct link to another vehicle’s damages, then the injuries were approximately caused by the actions of the speeding driver. Nevada law requires drivers to act responsibly for the protection of the public.
Las Vegas is known for its hotels and resorts. If a guest were to trip on loose carpet in a hotel lobby, for instance, the management’s failure to correct a known hazard would be considered the proximate cause of any injuries that resulted. Property owners must follow premises liability laws designed to keep visitors safe.
In defective product cases, manufacturers may be held liable if a flawed product is foreseeably the cause of an injury. For example, if a defective power tool malfunctions and injures a consumer, there is a clear link between the defective product design and the injury that occurred. Applicable law under Nevada’s product liability statutes impose liability for such actions.
One of the most typical misunderstandings is that any contributing factor equates to a proximate cause. This is not true; a proximate cause requires that the injury was a foreseeable result of the negligent act. For example, in negligence causation analysis, the injury must be a natural and probable result of the act, as it was described in Said Torts’ section on causation.
An example includes a landlord’s failure to repair a broken handrail, resulting in a tenant’s fall. The landlord’s negligence is the proximate cause of the tenant’s injury because the harm was foreseeable and preventable.
Proximate cause is best defined as the immediate legal cause of an injury, establishing that the harm was a foreseeable result of the defendant’s negligent conduct.
Personal injury cases and proving proximate cause can be very daunting. Compensation often awarded requires very specific knowledge in legal statutes and a fine attention to detail. Individuals can now, with an appropriate approach, confidently pursue their cases with the intent of achieving an optimal result.
If you or a loved one has been injured due to someone else’s negligence, then call Cloward Trial Lawyers now at 702-605-5000 or visit us at 9950 W Cheyenne Ave, Las Vegas, NV 89129. We will fight for your rights and help you in seeking justice.
In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.
Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV
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