Proximate Cause  

Proximate cause is a legal requirement used in personal injury cases to decide if a person’s actions caused harm to you that was a reasonably foreseeable result of the person’s actions. To recover damages in a New York personal injury case, it is not enough to show that someone acted carelessly. You must also show that the careless act caused your injury as part of the chain of events that led to your harm. 

Understanding Proximate Cause in Personal Injury Cases 

The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone’s actions are not closely connected to the cause of your injury (remote cause), they are not a proximate cause. However, if your injury would not have occurred “but for” the actions of another, then usually you can conclude there was proximate causation.  

Example: Driver of “Car A” runs a red light and hits “Car B,” which had a green light, causing injury to the driver of Car B. Driver of Car A had a duty to not run the red light, and, assuming no extenuating circumstances that excused running the red light, his actions in doing so directly (and therefore, proximately) caused injuries to the driver of Car B. 

However, proximate cause can also be the most difficult issue in a personal injury case. Not every remote cause of an injury will result in a right to recover damages. 

Example: Driver of “Car A” runs a red light, and “Car B,” which has a green light, swerves to avoid being hit.  Upset, the driver of Car B continues driving, and three blocks later, hits a parked car, injuring himself. The driver of Car B can try to claim that the actions of the driver of Car A caused him to get hurt when he hit the parked car. And it may well be a remote cause, but it is probably not the proximate cause. 

Sometimes, the actions of the person who got hurt can be the cause of their own injuries. 

Example: Your ball lands in a neighbor’s yard. The neighbor opens the gate but tells you to wait because the yard is unsafe. You ignore the warning, walk into the yard, step on broken glass, and get hurt. The neighbor knew about the glass, but there may be a question whether his actions legally caused your injuries because he warned you not to enter the yard. 

Can the Actions of Different People be the Proximate Cause of my Injury?  

Yes. If two or more separate people breach a duty and each action is a proximate cause of your injury, you can recover from each person. 

Proximate Cause Matters in New York Injury Cases 

Proximate cause is an important part of proving fault in a personal injury claim. Even if someone was negligent, they may not be legally responsible unless their actions were closely connected to the injury. Courts use proximate cause to decide whether the harm was a natural and foreseeable result of the person’s conduct. 

This rule helps create fair outcomes. Without proximate cause, people could be held responsible for injuries that were only loosely related to their actions. By focusing on the connection between the conduct and the injury, courts can determine who should be responsible for paying damages. 

What is Comparative Fault and How Does it Relate to Proximate Cause?  

New York personal injury law operates on what is known as a “comparative fault” basis. That means that when assessing blame and damages, a court will look at whether the defendant is less than 100% responsible because your behavior also contributed to your own injury. The defendant is responsible for less of your damage if you contributed to your own injury. 

Example: You are in a store, and the item you want to buy is in an aisle that is blocked with a sign that says, “slippery floor—stay off floor.” You decide to reach to get your item, which is close to arm’s length away. As you reach, your feet move into the aisle, and you slip and fall, injuring your hip. A court may decide the store was negligent in how it blocked the aisle, and that you were 0% at fault. The court could also decide that because you ignored a warning, you were 10% at fault, 50% at fault, 90% at fault, or even completely at fault. Whatever the percentage, it will be deducted from your recovery. So, if you have $10,000 in damages and you are 25% at fault, you will only recover $7,500. 

What is the Difference Between Proximate Cause and Actual Cause? 

Actual cause asks whether an injury would not have happened “but for” another person’s actions. If the injury would not have occurred without those actions, actual cause may exist. 

Proximate cause goes one step further and focuses on whether the law considers the connection close enough to hold someone responsible. 

How Do the Courts Determine Proximate Cause in New York? 

Courts look closely at the facts of each case when deciding proximate cause. If a person could have expected that their actions might cause harm, a court is more likely to find proximate cause. 

Courts also examine the chain of events between the wrongful act and the injury. If the events are closely connected, proximate cause is easier to show. However, if there are many unrelated events or a long period of time between the conduct and the injury, the connection may be too remote. 

In some cases, another person’s actions may interrupt the chain of events. When that happens, a court must decide whether the original conduct still played a significant role in causing the injury. Because every case is different, determining proximate cause often requires a careful review of the evidence. 

A lawyer can help gather evidence, identify the chain of events that led to your injury, and explain why another person’s actions should be considered a proximate cause. Establishing this element is often essential to recovering damages for medical bills, lost income, pain and suffering, and other losses. 

What to Do if You Have Been Injured By the Wrongful Conduct of Another? 

• If possible, take photos of the scene at the time of your injury  
• If possible, take names and phone numbers of witnesses 
• Seek medical attention immediately 
• Document your claims as thoroughly as possible 
• Your time to sue is limited; contact a personal injury lawyer ASAP 

Speak With a New York Personal Injury Attorney 

If you have been injured because of someone else’s wrongful conduct, understanding proximate cause can be an important part of protecting your rights. Determining who is legally responsible is not always simple, especially when multiple events or people are involved. 

The New York City Bar Legal Referral Service can connect you with a qualified lawyer. Contact us today to schedule a consultation and learn how a personal injury lawyer can help you move forward.