Sunday, January 31, 2010

Montgomery County Personal Injury Attorney Talks About Philadelphia Personal Injury proximate cause

Proximate cause must be shown in every personal injury claim. Proximate cause is when a wrongful act was a substantial factor in bringing about harm to the plaintiff. Dudley v. USX Corp., 606 A. 2d 916 (Pa. Super. 1992). Defendant negligence should not the sole cause of the damage must have been a significant factor. Shippen v. Portage Tp Tp, 575 A. 2d 157 (Pa. Cmwlth. 1990). Defendant is in negligence for the full amount of damages, if one defendant's negligencemajor factor in producing the injury, even though it could have also contributed to the causes of injury. Monzo v. Com. Dept. of Transportation, 556 A. 2d 493 (Pa. Cmwlth. 1989).

If a plaintiff facts which produces reasonable cause that the defendant's actions were close to a major factor in bringing about the harm of the fact that agrees to some other cause the defendant's negligence in preparing the injury does not relieve defendants from liability if he can prove thatThe other cause of injury have resulted regardless of his fault. City of Philadelphia v. Massa Tonio, 533 A. 2d 1127 (Pa. Cmwlth. 1987). Defendant's negligence is not an essential factor if the damage would have been sustained, even where the defendant has not acted negligently. Heinrich v. McCrudden, 575 A. 2d 66 (Pa. Cmwlth. 1990).

Probable cause does not exist if it is "very unusual" that brought the defendant to act on the damage. White v. Roseberry, 271 A. 2d 341,343 (Pa. 1970), Bell v. Irace, 619 A.2d 365, 367 (Pa. Super. 1993). The cutoff for the liability is at "the point in the causal chain if the result of the negligent act is no longer appropriate in sight." Id

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