Proximate cause relates to a concept of law that is used to determine who is obligated in a certain situation and who should be held responsible for damages, injuries or losses incurred. Proximate cause is the direct cause of the damage or injury and establishes that the defendant has a legal liability to make a suitable compensation.
What Is Proximate Cause?
The proximate cause is the actual cause of the damage or injury caused. It indicates that the defendant is either directly or indirectly responsible for the damage or injury. Proximate cause does not require that a defendant actually caused the injury but rather, requires that the defendant could have reasonably foreseen or anticipated that their actions could eventuate in the injury or damage.
Examples of Proximate Cause
To illustrate the concept of proximate cause, consider the following example:
A manufacturer creates a defective product, which when used in a certain way causes injury or damage to someone. In this example, the manufacturer’s negligence and the defect in the product are the proximate causes of the injury or damage that occurred to the consumer. The manufacturer is the proximate cause of the injury and therefore, should be held liable.
Another example that applies proximate cause is a workplace injury. If an employer fails to provide a safe working environment and an employee becomes injured, then the employer is the proximate cause of the injury. The employer should have provided safe working conditions and should be held liable for the injuries suffered.
Conclusion
Proximate cause determines the entity that should be held legally responsible for an injury or damage. An injury or damage can be attributed to a proximate cause even if it was not the actual cause of the injury. The legal responsibility depends mainly on foreseeability and if the proximate cause had any control or power over the situation.