Proximate Cause

As the name indicates, proximate cause is a term used to describe an occurrence or event that may be targeted as the cause of an injury due to its close relation to the injury. Even though proximate cause is deemed the primary cause, it is not necessarily the initial event that leads to the injury nor is it necessarily the event closest in time proximity to the injury. Proximate cause is generally determined through the application of the “but-for” test.

The But-For Test

The but-for test, also known as the sine qua non rule, is fairly simple to apply, and it is the main indicator of the proximate cause of a harmful situation. This test poses one question: “Would the injury still have occurred, even if this event didn’t happen?” If the answer to the question is no, then one has justifiably pinpointed the proximate (the legal) cause of the injury.

The but-for test, however, cannot be applied in situations involving incidents of dual causation. If two factors combined are behind an individual’s injury, then the but-for test cannot be effectively used.

If you or someone you love has suffered an injury from another party’s negligence, contact the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. to determine the proximate cause of your pain and suffering.

Contact Us

If you would like to learn more about proximate cause, call the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. today at 702-888-2222 to speak with a qualified attorney about your questions.