PROXIMATE CAUSE
Proximate cause is a legal term meaning “one thing causing another”. It is a legal requirement in all cases before one can recover damages due to the actions of another. For example, in a personal injury case the person suing must prove that the injuries they suffered were proximately caused by the Defendant’s conduct. This legal requirement is often misunderstood especially when a party’s conduct isn’t the direct cause of the harm.
For example, John X is sitting in a bar drinking and talking to Joan X. Out of nowhere Pete Z comes into the bar and punches John X in the nose. The bar does nothing to get Pete Z’s name or any information and Pete Z walks out of the bar.
Most people would agree that the bar should have taken some steps to get Pete Z’s information so that it could assist the authorities in determining what happened. This conduct however was not the “proximate cause” of John X’s injury. If John X were to sue the bar for his injury because the bar failed to gain information, he would lose if his theory was that the bar failed to get Pete Z’s information. His lawsuit would fail because although the bar may have been negligent in allowing Pete Z to walk out of the bar without getting certain information, that was not the proximate cause or act that cause John X’s injury.
What the proximate cause of John X’s injury was Pete Z’s action in punching him not the bar’s failure to obtain information.
Many people believe that any negligent conduct of a party is relevant in their case. Unfortunately, only the conduct that was the proximate cause of their harm is allowed into the case.
