Defenses and Affirmative Defenses
Liability Defenses
An intervening cause occurs between the defendant's act and the injury. It becomes superseding only if unforeseeable enough to break the causal chain; otherwise the original actor remains liable.
Most intervening causes do not supersede.
Alternative Names:
Intervening Act, Intervening Event
Why it Matters?
The distinction from superseding cause is that intervention alone changes nothing, since a foreseeable intervening act leaves the original defendant fully liable. Counsel sometimes argue intervention as though it were a defense in itself, which invites the response that foreseeability governs. Establishing that the intervening act was outside the range of foreseeable consequences is the argument that matters.
Frequently Confused with
Related terms
Frequently asked questions
Does an intervening cause relieve liability?
What is the productive framing?
