Other jurisdictions do not use the term superseding cause. Superseding cause might be thought of as being a step above intervening cause. While the person who committed the act considered to be the proximate cause of a plaintiff’s damages is held liable, he may escape being held liable if he can show that some subsequent event – the intervening cause – was actually the cause of the damages or injury. In this example, the superseding cause was the tow truck running into the already damaged vehicle. If the intervening cause is foreseeable, however, the defendant will still be liable. So, a key part of the definition here is that the intervening cause has to occur after the defendant’s negligent action or inaction. Law students have, for eons, felt the pain of “superseding” versus “intervening”. At trial, Brenda claims she cannot be held solely responsible, as the tow truck hitting Quinn’s car caused a great deal of the damages, and his injuries. Professors throw these terms around as if they are household words. Learn more about proving fault in a personal injury case. For example: Manny agrees to keep Ron’s horse in his corral for a week while Ron moves. It is different, however, in that the subsequent event is something that could not be foreseen as a consequence. n. An intervening cause that substantially affects the ultimate outcome of the series of events and breaks the chain of causation between the direct cause and the effect. Under longstanding premises liability standards, the homeowner is almost certainly negligent for leaving an open hole in the sidewalk. In contrast to an intervening cause, which does not relieve the original defendant of liability, a superseding cause usually does relieve the original defendant of liability. This Agreement supersedes all prior agreements between you and the Company relating to the subject of your personal services and severance benefits, including the letter agreement dated September 14, 1993, which is hereby terminated.The provisions of this Agreement may only be amended by written instrument signed by you and a member of the Board of Directors. There are three ways to categorize cause in any situation in which someone experiences a loss due to someone else’s actions. This is the biggest difference between an intervening cause and a superseding cause. One person makes a mistake, causing something bad to happen, then other things simply go wrong – sometimes by a different person’s mistake. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. If, after the defendant acts negligently toward the plaintiff, a new cause combines with the defendant’s negligence to contribute to or worsen the plaintiff’s injury, that new cause is sometimes called an "intervening cause." An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. Manny puts the horse in a pen has a section of fence that is damaged, and falling apart. (adsbygoogle = window.adsbygoogle || []).push({}); Proximate Cause, Superseding Cause, and Intervening Cause, Superseding Cause Example in Negligent Homicide, Example of Superseding Cause vs. Proximate Cause in House Fire. An intervening cause is any event that occurs after the defendant’s actions and caused harm to the plaintiff. 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