Sentences with phrase «superseding cause»

Plaintiffs in Indiana personal injury and wrongful death cases need to be careful when defendants deny responsibility for an accident and claim there is a superseding cause.

In Indiana, a defendant can be relieved of liability for an accident if they can show that the negligence of a third person is a superseding cause (also called an efficient intervening cause) of the damages.

Not exact matches

Ford, by contrast, has focused on a genetic analysis, similar in impact to the introduction of German «higher criticism,» in which we are to recognize early or preliminary formulations, superseded by later revisions and insertions in the text; forcing choices among alternative and incompatible doctrines, and producing a theory of Whitehead's own historical development of his «final» ideas or positions (in which, for example, concrescence gradually supersedes transition, and the power of causal efficacy is reduced to the status of the past as material cause, with the future or «final» cause dominating the process of concrescence).

Even assuming Whitehead did not intend to imply present actualizations are causes in past actualities, 9 still, there is one important exception to the truth that a satisfied actuality is in all superseding actualities: Beings created by contemporaries are not in every successive process.

This is both a symptom and a cause of the rationality of government being superseded by political parties» survival instincts.

State law, which supersedes a town's, states in the very first paragraph of Section 271 of NY State Town Law, on planning boards, «The town board of each town is hereby authorized and empowered to appoint a planning board of five members or seven members in the discretion of the board, and shall have the authority to remove any member of such planning board for cause and after a public hearing.»

For example, the 2003 European heatwave caused tens of thousands of deaths33 and was later superseded in intensity by the 2010 European heatwave, events which can be expected to increase in probability over the 2010 — 2050 period34.

Unemployment, divorce, work injury, illness, and other unforeseeable events are usually the superseding intervening causes of most bankruptcy cases filed today.

This rote coding of gestures causes the awareness of one's surroundings to slowly erode, with familiarity superseding reflection.

The unavoidable incentive of financial sanity will finally cause a full collapse of the solar industry, even in China, where even the coercion of Communism can not supersede the laws of economics.

In addition to Adrian Burd's recommendation, Al should read the comprehensive review by Wild: «Global dimming and brightening: A review» http://www.leif.org/EOS/2008JD011470.pdf «Recent brightening can not supersede the greenhouse effect as the main cause of global warming, since land surface temperatures overall increased by 0.8 °C from 1960 to 2000, even though solar brightening did not fully outweigh prior dimming within this period...» The story is nowhere near as simplistic as Al would have it.

User error is the cause of almost 75 percent of all boating accidents, but there are other elements that come into play which can supersede good judgment or impede conscientious boat operators.

The last car might be considered a superseding or intervening cause, such that the original impaired driving is not the proximate cause of the motorcyclist's injuries.

Further, the health care provider could argue that there was a «superseding» or «intervening» cause that serves to shift liability to a third party.

This line of argument supposed that the third party's actions caused a new, independent and unforeseen harm that superseded any actions of the defendant.

Thus, the defendant will not be liable where an intervening act supersedes the defective product as the proximate cause of the injury.