Proximate Cause: Intervening Acts

Question 1

Intervening Acts Rule:

Answer 1

A force which produces harm to the P after the negligence of D.

Question 2

Rule for Intentional Intervening Acts

Answer 2

A superseding cause that cut-off the Ds liability. Only if the act was not within the foreseeable risks created by Ds negligence.

Question 3

Rule for Negligent Intervening Act:

Answer 3

Cuts off D’s liability only if the act was not within the foreseeable risks created by D’s negligence.

Question 4

Intervening Acts:

Define Second Injury rule-

Answer 4

If a D’s negligence cause a P to need medical treatment, you will also be responsible for any subsequent negligent medical treatment or transportation.
Example: Ambulance gets into a car accident on the way to the hospital after D negligently caused injury.

Question 5

Define Intervening acts of nature

Answer 5

Cuts-off liability if the act was not within the foreseeable risks created by D’s negligence.
Snow storm in July