Proximate Cause

Proximate cause is a crucial concept in negligence law that determines the extent to which a defendant can be held liable for the consequences of their actions. It addresses the question of whether the harm suffered by the plaintiff is closely enough connected to the defendant's conduct to warrant legal liability. This principle ensures that liability is imposed only for those harms that are reasonably foreseeable and directly related to the defendant's actions, thereby limiting endless chains of causation.

Definition and Purpose
Proximate cause, also known as legal causation, is used to establish a fair and just link between the defendant’s conduct and the plaintiff's injury. It serves as a filter to prevent defendants from being held liable for every conceivable consequence of their actions. Instead, it confines liability to those harms that are sufficiently related to the wrongful act and are foreseeable outcomes of that act. The aim is to strike a balance between providing a remedy for injured parties and protecting defendants from limitless liability.

The Two Elements of Proximate Cause
Proximate cause typically involves two key elements: foreseeability and directness. Foreseeability means that the harm suffered by the plaintiff must be a type of injury that a reasonable person could predict might result from the defendant's actions. Directness, on the other hand, implies that the harm must be closely linked to the defendant’s conduct without being interrupted by an independent, unforeseeable event.

Example of Foreseeability
Consider a scenario where a driver, while speeding through a residential area, hits a pedestrian. The pedestrian suffers severe injuries as a result. In this case, the injuries to the pedestrian are a foreseeable consequence of the driver's reckless behaviour. A reasonable person could predict that speeding in a residential area might result in hitting a pedestrian. Thus, the driver’s actions are the proximate cause of the pedestrian's injuries.

Example of Directness
Now, imagine another scenario where a contractor negligently leaves a large hole in the sidewalk. A passerby trips and falls into the hole, breaking their leg. Here, the injury is a direct result of the contractor’s failure to secure the construction site. There is a clear, unbroken chain of events linking the contractor's negligence to the passerby's injury. This demonstrates directness in establishing proximate cause.

Intervening Causes
An important aspect of proximate cause is the role of intervening causes. An intervening cause is an event that occurs after the defendant's initial act and contributes to the harm suffered by the plaintiff. If this intervening event is unforeseeable and breaks the chain of causation, it can relieve the defendant of liability. However, if the intervening event is foreseeable, the defendant may still be held liable. For example, if a driver negligently hits another car, causing it to spin out of control and hit a pedestrian, the initial driver may still be liable for the pedestrian's injuries, as the subsequent collision is a foreseeable outcome of the initial act.

Judicial Interpretations
Courts often grapple with the complexities of proximate cause, as each case presents unique circumstances. Judicial interpretations vary, but the guiding principle remains the same: liability should be limited to harms that are reasonably foreseeable and directly related to the defendant’s conduct. Courts use various tests, such as the "but-for" test and the "substantial factor" test, to assess proximate cause. The "but-for" test asks whether the harm would have occurred but for the defendant’s actions, while the "substantial factor" test considers whether the defendant's conduct was a substantial factor in bringing about the harm.

Proximate cause is a fundamental concept in negligence law that serves to link a defendant’s conduct to the plaintiff's harm in a fair and just manner. By focusing on foreseeability and directness, proximate cause ensures that liability is imposed only for those harms that are closely connected to the wrongful act and are foreseeable outcomes of that act. This principle protects defendants from limitless liability while ensuring that plaintiffs receive compensation for injuries directly attributable to the defendant's negligence. Understanding proximate cause is essential for navigating the complexities of negligence law and ensuring equitable outcomes in legal disputes.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.