Proximate cause can make or break a personal injury case. In order to be held liable in most tort actions, injuries must be the reasonably foreseeable effects of the defendant's actions. For example, if the defendant left a cord on the floor at a concert venue that snaked through the crowd and never taped it down, a foreseeable effect is the possibility of a trip and fall accident.

Actual cause is defined as the act or the failure of the act that caused the harm. It can be proved with the "but-for" test. If the injury would not have occurred if the act did not happen, then this is the actual cause. For example, if a person spills a jar of spaghetti sauce on the floor in a supermarket, this is the actual cause of a subsequent slip and fall accident. The injured party would not have fallen in that spot if it wasn't for the pilled spaghetti sauce on the floor.

In addition to that, proximate cause involves a foreseeability factor. Another example: a driver is speeding down the street when he sees a sign that says "slow down, road work ahead." The driver fails to adhere to the instruction, and continues to speed down the road. He hits a road worker who is in the midst of doing his job as a result. This would be considered a case of proximate cause, because the driver had foresight that there may be a danger up ahead. Proximate cause almost always proves intentionality. If a store owner notices ice has collected on his front steps, recognizes that this may cause a slip and fall accident, but then refuses to melt the ice and instead leaves it, this is proximate cause. If there is a sudden spill and a passerby trips, it may simply be regarded as an actual case.

In a negligence case, plaintiffs need to prove that a defendant was both the actual and the proximate cause if they hope to receive a significant settlement. If you are confused about proximate cause, or want to talk with an attorney about proximate cause, then don't hesitate to contact an attorney at a local personal injury law firm. You can use this directory as a way to search for a trusted lawyer who can guide you through your case and give you more information about your options. Call today if you want to learn more!