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Are you confused about superseding intervening causes, foreseeable intervening causes, and
unforeseeable intervening causes?
Does this part of proximate cause give you a headache?
Stay to the end, and learn what these terms mean and how to use them on an exam.
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Hi, this is Beau Baez, and today I want to explain, in simple terms, intervening causes.
As you know, a person that commits a wrongful act and is the actual cause of the act must
also be the proximate cause of the harm to be held liable.
But sometimes, a court or jury might find that the wrongdoer is not liable because the
type of injury was unforeseeable or there was an unforeseeable intervening event.
In this episode I want to explore intervening events.
An intervening cause is something that comes between the tortfeasor’s act and the harm.
For example, Joe is driving down the road at a speed that is far above the speed limit.
Suddenly, an animal runs into the road, Joe swerves his car, and Joe hits Rob’s car.
The animal running into the road is an intervening event.
Now t here are two types of intervening events.
First is the unforeseeable intervening event, which is more commonly called a superseding
intervening event.
A superseding intervening event breaks the causal link between the defendant’s act
and the plaintiff’s injury.
Second is the foreseeable intervening event, which is an intervening event that does not
break the causal link between the defendant’s act and the plaintiff’s injury.
Going back to our example with Joe, who was speeding down the road, it is likely that an animal
darting into the road is a foreseeable event, and that Joe will be liable for Rob’s damages.
Suppose though, that instead of a darting animal, a stranger, takes his gun, and shoots at Joe’s car,
and a tire blows out, and Joe hits Rob’s car.
Now under these facts, the gun shot is a superseding event that relieves Joe of his negligent driving.
Acts of nature can be a superseding event if the event is unforeseen.
For example, strong winds that knock down power lines are generally not superseding intervening
events because strong winds occur from time to time.
But suppose that very light winds knock down some power lines, then it very well could be a superseding
intervening event because power lines, just should not fall down with light winds.
Criminal acts can also be a superseding event, but again, courts look at the unforeseeability
of the act.
For example, Mariah keeps some jewels in the Bank’s safety deposit box.
Thieves break in and steal the jewels.
When Mariah sues the bank for negligent security, the bank argues that the criminal was a superseding
intervening event that breaks the causal link.
Unfortunately, it is foreseeable that a thief would attempt to break into the bank, therefore
the thief is a foreseeable intervening event that does not break the causal link.
What you need to remember is that the words foreseeable and unforeseeable are conclusions.
What happens in real life is that the judge or jury listens to the facts and then makes a decision for or against the plaintiff
on proximate cause.
In close cases, one judge or jury will find the event is foreseeable, while a completely different
judge or jury hearing the same facts will find the event is unforeseeable.
So on an exam you just need to pick a side based on the facts you’ve been given.
What the grader is looking for is your analysis of the facts, not your conclusion.
In other words, you must provide your reasons for deciding that the event was foreseeable
or not.
So, when you read the facts, go with your gut reaction on this issue and then support
your gut reaction with facts and logical reasoning.
Don’t worry if you’re not sure what the grader wants.
The “right” answer is one where you spot the intervening event issue, discuss the law,
and then provide your reasons for picking one side over the other.
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