Proximate cause
Proximate cause is a legal concept essential in determining liability in cases involving negligence, particularly in litigation related to police actions. It addresses whether an injury or damage would have occurred in the absence of an individual’s conduct; if not, proximate cause is established. In cases involving law enforcement, courts evaluate if the actions of police officers directly led to the injuries sustained during incidents, such as high-speed pursuits. If courts find that an officer's conduct was not negligent, they may conclude that proximate cause is not present, thus negating liability. The litigation surrounding police pursuits is notable due to the frequency of accidents that arise in these scenarios. Courts may adopt different approaches to assessing proximate cause, either limiting it to direct collisions with officers’ vehicles or taking a broader view by examining all contributing situational factors. This nuanced analysis aims to establish a fair determination of liability based on the specific circumstances of each case. Understanding proximate cause is crucial for individuals seeking to navigate the complexities of legal claims involving negligence and injury.
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Proximate cause
SIGNIFICANCE: Litigation, particularly that relating to police actions, raises important questions pertaining to the causes of injuries or damage that involve claims of negligence or liability.
Proximate cause is established by determining if any injuries or damage that occur would also have occurred in the absence of an individual’s conduct or negligence. In instances of litigation involving law enforcement, for example, courts are required to ask whether injuries or damage that are sustained would have occurred regardless of a law-enforcement officer’s conduct. If the courts conclude that the injuries or damage would not have occurred without the actions of the officer or other individual, then proximate cause is established.
On the other hand, if courts find that police or other individuals have not acted in a negligent fashion, then their conduct would not be considered the proximate cause of the injuries, and there would be no subsequent liability on their part. Even in cases in which police officers are found to act in unreasonable manners and breaches of duty have been established, litigants would still be required to demonstrate that the officers’ conduct was the proximate cause of the subsequent injury or damage.
Police vehicular pursuits have been notoriously rich in litigation because of the many accidents occurring during high-speed chases. Courts have adopted two strategies in dealing with high-speed pursuit litigation. Some courts have been reluctant to rule in favor of plaintiffs on issues of proximate cause in cases concerning pursuits if the officers’ vehicles are not directly involved in collisions with those of the plaintiffs. In this regard, courts have refused to extend the zone of proximate cause beyond actual collisions with the litigants’ vehicles.
The second approach reflects a growing trend among state courts, which have adopted a stance examining individual cases as they occur. Courts tend to analyze all intervening situational factors leading up to injuries or damage to innocent third parties. Officers, or other individuals, can be held liable as the proximate causes of accidents to the extent that their behavior and existing situational factors surrounding their accident contribute to the injuries or damage sustained in the accidents.
Bibliography
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Feinman, Jay M. Law 101: Everything You Need to Know About the American Legal System. New York: Oxford University Press, 2001.
Kappeler, Victor E. Critical Issues in Police Civil Liability. Prospect Heights, Ill.: Waveland Press, 1993.
Lior, Anat. "The 'Accident Network': A Network Theory Analysis of Proximate Cause." Marquette Law Review, vol. 106, no. 2, 2023, scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=5536&context=mulr. Accessed 9 July 2024.
Roberts, Albert, ed. Critical Issues in Crime and Justice. 2d ed. Thousand Oaks, Calif.: Sage Publications, 2003.