Proximate Cause: An Essential Element of Negligence

As you may understand, negligence is conduct that falls below a reasonable standard. A plaintiff in a lawsuit must prove the elements of negligence, including that there is a proximate causal connection between the negligent conduct and the resulting injury. If you’ve ever wondered if a plaintiff’s alleged injuries are related to the injury that he suffered and is blaming on your organization or facility, you are really wondering if the plaintiff can prove proximate cause.

For example, Plaintiff is a 55 year old female, moderately obese, and is attending a college baseball game. She slips near the concession area, on what she testified was a spilled soda and allegedly injured her cervical and lumbar spine and is also claiming that she has a torn right rotator cuff. Defense attorneys have reviewed Plaintiff’s medical history and it turns out that Plaintiff had been injured in a motor vehicle accident just 6 months before the slip and fall in question. An orthopedic surgeon had recommended that Plaintiff undergo surgery to her right shoulder and she was still undergoing treatment to her neck and back as a result of injuries that she sustained in the car accident. Although Plaintiff may have aggravated her motor vehicle related injuries when she slipped at the baseball facility, there is a good chance that you will be able to prove that a significant portion of her injuries are pre-existing. Defense attorneys will argue that Plaintiff’s condition was not proximately caused by the slip and fall. If this element is not met, the Plaintiff will not recover damages in the slip and fall case.

Defense attorneys that handle tort actions always look for pre-existing injuries so that the issue of apportionment between previous or subsequent injuries and the injuries subject to the case in question may be made by an arbitrator, judge or jury. The issue of proximate cause significantly impacts the bottom line in the outcome of tort litigation.