Requiring proximate cause can place some limits on liability. Real-Life Examples and Legal Implications For example, when the weather is inclement, it is highly foreseeable that driving at normal ...

A defendant’s action is a proximate cause of the injury if the act–or failure to act–was most directly responsible for the injury. For example, if a doctor doesn’t monitor a baby’s heart ...

This would apply, for example, where the plaintiff delivered ... We can view such claims as variants of a sole proximate cause defense, in which event we would likely apply whichever of the ...

For example, medical literature has linked inflammatory ... In essence, that the pharmaceutical was not the “but /for” cause, or proximate cause, of the plaintiff’s injury.

Proximate cause is a necessary element in tort law, but also applies to claims of breach of commercial contract. In a recent decision by Justice Barry R. Ostrager in MUFG Union Bank, N.A. v.

Too often courts applying New York contract law—whether in the federal courts or in the Supreme Court or Appellate Division in New York—speak loosely about “proximate cause.” For tort ...

For the school to be liable, there must be a finding that the act or omission considered as negligent was the proximate cause of the death or injury sustained. Injury for which recovery is sought ...

In attending to these fundamental causes, we must not ignore the fact that we simply must address the clear proximate cause of gun violence: guns. Any effort to address our gun violence crisis ...

The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause ...