What is Proximate Cause? 

When pursuing a personal injury claim in Florida, you may hear the term “proximate cause,” but what is proximate cause, and why does it matter in determining whether you’re entitled to compensation for your injuries? In this article, we’ll look at how proximate cause fits into a negligence claim, how Florida courts interpret it, and what it takes to prove that someone else’s actions were closely connected to your harm to hold them legally accountable.  

What is Causation? 

In Florida personal injury cases, you must establish the following four elements to prove negligence: 

1. The defendant owed you a duty of care
2. They breached that duty through negligent actions
3. Their breach caused your injuries (causation)
4. You sustained measurable damages as a result

If you can prove these elements, you may be entitled to compensation, especially if you have sufficient evidence of causation. Causation connects a defendant’s actions to the plaintiff’s injuries. Even the most serious injuries may not lead to compensation without this connection. Before damages are awarded, you’ll not only have to show you were injured, but you’ll also need to prove that your injuries resulted directly from the defendant’s negligent conduct. 

Proximate Cause vs. Actual Cause

Personal injury law recognizes two types of causation: 

Actual Cause (Cause-In-Fact): This is determined using what’s known as the “but-for” test. Would your injuries have occurred “but for” the defendant’s actions? If not, the injuries wouldn’t have happened without the defendant’s negligence, and then actual cause exists. 

Proximate Cause: This examines whether the connection between the defendant’s negligence and your injury is sufficiently direct and foreseeable to justify holding them legally accountable. Proximate cause places boundaries on liability, which prevents defendants from being held responsible for extremely remote or unpredictable consequences. 

How Florida Courts Determine Proximate Cause

Florida uses a two-part test to determine proximate cause in personal injury cases. This test consists of causation in fact and foreseeability. Here’s how they work:  

Causation in Fact

Causation in fact, or factual causation, looks at whether the defendant’s actions were the actual, factual cause of your injuries. This requires gathering thorough evidence, which may include medical records, expert testimony, and documentation of the accident. 

For example, if someone neglects the upkeep of their property and you fall through rotted floorboards, medical evidence, not a pre-existing condition, would help to establish that this incident caused your injuries. 

Foreseeability

The second part of establishing proximate cause is showing that your injuries were a foreseeable consequence of the defendant’s negligence. Courts consider whether a reasonable person would have anticipated that the defendant’s actions could lead to the type of harm you suffered. 

Further, McCain v. Florida Power Corporation (1992) established the “zone of risk.” In this case, Thomas McMain was injured when his trenching equipment struck an underground power cable in a marked safe area. The Florida Supreme Court ruled that: 

• The zone of risk is a legal duty. When someone’s conduct creates a foreseeable zone of danger, they have a legal duty to protect others who might be harmed by that danger. For example, in this case, a power company that buries electrical cables creates a zone of risk for anyone who might dig in that area, thus establishing their duty to mark cable locations properly.  
• Specific injuries must be foreseeable. Once duty is established, a jury determines whether the injury that occurred was a foreseeable result of the negligence within that risk zone. 

Examples of Proximate Cause

To better understand what the proximate cause might look like in a personal injury case, here are some examples: 

Example #1: A driver changes lanes without signaling or checking their blind spot, which forces a motorcyclist to swerve to avoid a collision. The motorcyclist loses control, crashes, and suffers road rash, a broken collarbone, and a concussion. Two months later, while still recovering and taking prescribed pain medication, the motorcyclist experiences dizziness that leads to a fall at home. Courts may find the driver liable for the injuries directly resulting from the crash through proximate cause; however, the subsequent fall might be looked at separately as a possible independent intervening cause. Legal determinations about intervening causes can often depend on medical or other expert witnesses. Usually, the issue of whether an event qualifies as an intervening cause is decided by a jury, although in rare cases, a judge may make that determination. If you’ve been injured in a motorcycle crash, consulting with an experienced Gainesville motorcycle accident lawyer can help you establish the chain of events in your case. 

Example #2: A grocery store employee mops the floor but doesn’t place warning signs in the area. A customer slips on the wet surface, falls, and fractures their hip. The injury requires surgery and physical therapy. During recovery, the customer develops a blood clot due to reduced mobility. The store would likely be held liable through proximate cause for both the hip fracture and the blood clot. This is because post-surgery complications from reduced mobility are generally foreseeable consequences of the initial negligence. 

How Florida’s Modified Comparative Negligence Law Affects Proximate Cause

If you believe you have enough evidence to prove proximate cause in your negligence claim, you should contact a personal injury lawyer right away, as there are time constraints on how long you have to file. Recently, the statute of limitations was reduced from four years to two years from the date of the accident.

Florida Statute 768.81 has been modified, so if you’re found more than 50% at fault for your injuries, you cannot recover any compensation. It’s essential to remember this as insurance companies will always keep their best interests in mind. They may even try to prove you were as little as 51% at-fault to avoid paying for damages.

This is why expert legal representation is crucial. At Fine, Farkash & Parlapiano, P.A., we’re deeply familiar with the nuances of these laws and have successfully helped many clients prove negligence and receive the compensation they deserve.   

How to Prove Proximate Cause

As mentioned, you’ll need to have a solid foundation of evidence to prove your case’s proximate cause. This evidence may include: 

• Detailed accident reports (e.g., crash reports for car accidents)
• Photographic and video documentation of the scene
• Witness statements and testimony
• Expert medical opinions tying your injuries to the incident
• Complete medical records that establish causation
• Surveillance footage, when available
• Documentation of dangerous conditions (e.g., wet floor, adverse weather)

Intervening Cause vs. Superseding Cause

In some cases, an intervening cause may occur, an event that happens after the defendant’s negligent act but contributes to the final injury. If this intervening event is deemed foreseeable, it usually doesn’t break the chain of proximate cause, and the defendant may still be held liable. However, if the intervening event is so unexpected or extraordinary that it becomes a superseding cause, it can relieve the defendant of liability by severing the causal link between their actions and the plaintiff’s injury. 

This difference is essential when proving proximate cause because it helps establish whether the defendant’s actions remain the primary legal reason for your injuries despite other contributing events. 

Contact a Gainesville Personal Injury Attorney Today

The seasoned attorneys at Fine, Farkash & Parlapiano, P.A. have extensive experience successfully establishing proximate cause in complex personal injury cases. We gather detailed evidence, work with qualified experts, and build strong arguments that show the connection between a defendant’s negligence and our clients’ injuries. Whether you need a car accident attorney or a slip and fall lawyer, our goal is always to secure the maximum compensation you deserve for your medical expenses, lost income, pain and suffering, and other damages. 

If you’ve been injured due to someone else’s negligence, contact our Gainesville personal injury attorneys today for a confidential consultation. 

Sources: 

legal cause | Cornell Law School 

cause-in-fact | Cornell Law School 

foreseeability | Cornell Law School 

McCain v. Florida Power Corporation | Justia 

768.81 Comparative fault | The Florida Legislature 

Jack Fine

Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.