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Efficient Intervening Cause: Definition and Concept
Efficient Intervening Cause: Definition and Concept
An intervening cause will be regarded as the proximate cause and the first cause will
be regarded as too remote, where the chain of events is so broken that they become
independent and cannot be said as the consequence of the primary cause.
In the case of Phoenix Construction vs. IAC (148 SCRA 353), if the intervening cause
is one which in ordinary experience is reasonably to be anticipated, or which the defendant
has reason to anticipate under the particular circumstances, the defendant may be
negligent, among other reasons, because of his failure to guard against it; or the defendant
may be negligent only for that reason.
There will only be an efficient intervening cause where the original tortfeasor is not
liable or a circumstance that mitigates liability depending on the circumstance if the
injured failed to exercise reasonable care in securing the services of a competent physician
or surgeon.
Unforeseen and Unexpected Act or Cause
An unforeseen and unexpected act of a third person may not be considered an
efficient intervening cause if it is duplicative in nature or if merely aggravated the injury
that resulted because of the prior cause. The same conclusion can be reached if the third
person’s act is part of the causal set, together with the defendant’s negligence, that
operated to cause the injury.
Contributory Negligence
Contributory negligence is a conduct on the part of the injured party, contributing as
a legal cause to the harm he has suffered which falls below the standard to which he is
required to conform for his own protection.