Superseding Cause Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Superseding Cause, written in plain English, along with examples of how it is used.
What is Superseding Cause?
(n) Superseding cause is the cause which occurred later which eventually lead to the accident and loss. Eg.If a person is hospitalized due to an accident, dies of a reaction to medicine by the failure to try test dose it amount to superseding cause. The real cause of accident is termed as superseding cause to make a person guilty.
History and Meaning of Superseding Cause
Superseding cause, in legal terms, refers to the event or action that occurs after the defendant's actions or negligence, which can be considered the primary cause of an accident or loss. The superseding cause is determined by looking at all the factors that contributed to the accident or loss, and the primary cause is only superseded if the event or action was unforeseeable and breaks the chain of causation.
Examples of Superseding Cause
- An individual slips and falls on a wet floor in a store. However, if they get up and continue to walk, then trip on an object left on the floor that was not there previously, and injure themselves, the object left on the floor can be considered a superseding cause, and the store may not be held liable for the injury.
- If a person is driving and runs a red light, but then another driver speeds through the intersection and hits them, the second driver's actions can be considered a superseding cause of the accident.
- If a surgeon performs a procedure that goes smoothly, but the patient has an unforeseeable allergic reaction to the medication used during the surgery and dies, then the allergic reaction can be considered a superseding cause of the patient's death.
Legal Terms Similar to Superseding Cause
- Proximate cause - This term refers to the primary cause of an accident or loss and is determined by looking at the relationship between the defendant's actions and the harm caused.
- Intervening cause - An action that occurs between the defendant's actions and the harm caused that can also contribute to the accident or loss.
- Contributory negligence - A legal defense whereby the plaintiff's actions or negligence also contributed to the accident or loss, reducing the defendant's liability.