Chicago, IL asked in Criminal Law, Personal Injury and Civil Litigation for Indiana

Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

2 Lawyer Answers
Charles Candiano
Charles Candiano
  • Chicago, IL
  • Licensed in Indiana

A: One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

Tim Akpinar agrees with this answer

Doug Goyen

A: “Proximate cause” means a cause that was a substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom.

The term "proximate cause" is typically used in lawsuits - such as a personal injury case. For example, if a person runs a red light and causes an accident, the running of the red light would be considered a "proximate cause" because it not only actually caused the accident, but also because a person using ordinary care should foresee that running a red light can cause an accident that may cause injuries.

Your question does not clearly state what kind of case it is - so it is hard to answer your question without knowing the type of case you are looking at. Follow up with the type of case you are talking about (auto accident, assault, slip and fall, etc.).

In order to recover in a personal injury case - you would need to show a breach of a duty of care (such as running a red ligh), that the breach of duty caused (proximately caused) the injury complained of, and that there were damages that the law allows you to recover that were caused by this breach.

If you are looking for a personal injury lawyer - you should contact a lawyer in your area for a free consultation.

Tim Akpinar agrees with this answer

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