Donegan v. 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. If the intervening cause is foreseeable, however, the defendant will still be liable. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. 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. 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. But what happens when an intervening and superseding act occurs between the original act of alleged negligence and injury, which calls into question whether the original alleged tortfeasor is liable for the plaintiff’s purported damages? 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 favorable set of facts—when viewed objectively and honestly–is key. 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. Put all these together and a defendant pursuing such an outcome has a fighting chance. 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. Christian Stegmaier is a shareholder and chair of the Retail & Hospitality Practice Group at Collins & Lacy in Columbia. An independent intervening cause can be reckless or intentional misconduct or negligence. at 316, 422 S.E.2d at 130. It must be truly independent and not set in motion by the defendant’s negligence. It is always for the jury, except when the facts are such that they will support only one reasonable inference.”) (footnote and emphasis in original omitted). In a negligence action, the plaintiff must prove proximately-caused damages. 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 Superseding cause is a defense to negligence. “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 … 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. 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. Stegmaier welcomes your questions at (803) 255-0454 or cstegmaier@collinsandlacy.com. 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…. 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. Collins & Sons Fine Jewelry, 296 S.C. at 229, 371 S.E.2d at 545 (Ct. App. Stone,251 S.C.at, 162, 161 S.E.2d at 173–74 (1968) (citation omitted). Model Jury Charge (Civil) 6.14; see alsoDavis v. In a negligence action, the plaintiff must prove proximately-caused damages. There are three varieties of intervening acts. Let’s say a person is getting off a bus in a parking lot. Id. A fellow pedestrian negligently fails to leave enough room for the plaintiff to pass on the sidewalk, and the plaintiff falls into the hole. 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. Most personal injury actions in South Carolina sound in negligence. ... A superseding cause is an unforeseeable intervening cause. 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.”). The answer is probably no because the intervening action was (or should have been) reasonably foreseeable to the homeowner. “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 … 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. 1988); see also Dixon v. Besco Eng’g, Inc., 320 S.C. 174, 463 S.E.2d 636 (Ct. App. It has been held a third party’s intervening acts of wrongdoing do not break the causal chain if the acts were foreseeable. Other jurisdictions do not use the term superseding cause. Copyright © 2020 Collins & Lacy, P.C. 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. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. 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. As well, the adroit use of discovery devices from the inception of the case such as well-drafted requests to admit and carefully crafted deposition questions built to engender admissions from the plaintiff and material witnesses, which support the conclusion that the evidence is susceptible to only one inference, is mission critical too. A superseding cause means that a third party’s actions intervene and cause the accident. 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. In other words, your injury wouldn’t have happened but for the negligent 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Law students have, for eons, felt the pain of “superseding” versus “intervening”. 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. 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. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … 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. Transp., 309 S.C. 313, 422 S.E.2d 128 (1992). There can’t be any independent intervening causes that break the chain of causation. 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. 1986) (“Only in rare or exceptional cases may the question of proximate cause be decided as a matter of law.”). Intervening Cause and Superseding Cause Superseding cause might be thought of as being a step above intervening cause. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. 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. The defense of superseding intervening cause is a defense that uses negligence principles. So, what is the recipe for success for a defendant seeking summary judgment in an intervening and superseding act case? 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. See Ballou v. Sigma Nu Gen. Sometimes this is called supervening cause or superseding. 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. Do Not Sell My Personal Information. If the original negligence continues to the time of the injury and contributes substantially thereto in conjunction with the intervening act, each may be a proximate, concurring cause for which full liability may be imposed. Proximate cause requires proof of both causation in fact and legal cause. 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…. Superseding cause is a defense to negligence. 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. Those taken by third parties those taken by the claimant themselves, and those which are acts of nature. 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). Professors throw these terms around as if they are household words. In a negligence action, the plaintiff must prove proximately-caused damages. An injury is foreseeable if it is the natural and probable consequence of a breach of duty. 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. [5] 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. 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. Collins & Sons Fine Jewelry, Inc. v. Carolina Safety Sys., Inc., 296 S.C. 219, 371 S.E.2d 539 (Ct. App. Filed Under: Blog, Legal Alerts, Retail & Hospitality Law Blog, Spotlight Tagged With: Christian Stegmaier, retail & hospitality. Causation in fact is proved by establishing the plaintiff’s injury would not have occurred “but for” the defendant’s negligence. Although the courts are divided on this question,8 they often hold that a negligent intervening A superseding cause is an unforeseeable intervening cause. ‘Concurrent negligence consists of the negligence of two or more Results achieved on behalf of clients do not necessarily indicate similar results can be obtained for other clients. An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. It can be achieved, but it’s a challenge. In some states, the information on this website may be considered a lawyer referral service. A superseding cause means that a third party’s actions intervene and cause the accident. 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. & Pub. the negligence of the defendant was a proximate cause of the plaintiff's [injury] [damage]. 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. Superseding Cause. 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. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. 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. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, … Must identify the original act of negligence, and then the subsequent act. 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. Under longstanding premises liability standards, the homeowner is almost certainly negligent for leaving an open hole in the sidewalk. 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. This website is for informational purposes only. All Rights Reserved. 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 … Learn more about proving fault in a personal injury case. 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. If the original negligence continues to the time of the injury and contributes substantially thereto in conjunction with the intervening act, each may be a proximate, concurring cause for which full liability may be imposed. Let’s look at an example of this. Small v. Pioneer Mach., Inc., 329 S.C. 448, 467, 494 S.E.2d 835, 844 (Ct. App. Start studying Negligence: intervening superseding cause. The key difference between an intervening cause and a superseding cause is foreseeability. • “ [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 … 380, 383, 502 … • “[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 “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. 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