Thursday, October 17, 2019
Proximate Causation Essay Example | Topics and Well Written Essays - 750 words
Proximate Causation - Essay Example The carrier of the explosives ought to be held liable for carrying the harmful substances because the accident could not have occurred were the explosives carrier adhered to public policy. Additionally, there was no notice on the package of the explosives to warn the public of danger. The mistake was intentionally committed. The person had ill-motives pertaining to the fireworks he carried. It is also possible that he let the luggage fall in order to accomplish his motives. This is evident from the manner in which he jumped to the on-moving car. He pretended to seem falling down. Although the guard had a duty to inspect the entire luggage before they could be ferried to the cars, the proximate cause of the accident is the passenger carrying the explosives. There is no way negligence on air can be proved hence the guard is not liable for the plaintiff injuries. Consequently, the defendant has no case to answer in court. Therefore, the blame falls on the fireworks carrier. However, the driver of the car also bears some liability because passengers should board cars while the car is stationary. The city of Harvey is not the proximate cause for the accident, which occurred. Lewis is the proximate cause for the accident because he caused the City of Harvey authorities to shift focus to his welfare by putting off the traffic lights. The black-out made Cain to knock the car of Denise Miller at Halsted. Miller is also to be blamed for the accident because he was speeding while driving on the intersection. Cain was driving at 10 miles per hour. This implies that he could not knock any on-coming vehicle approaching at the same speed. Miller also entered the wrong lane at the intersection leaving Cain with no option. Although Lewis accepted to be lowered by the fork lift, he had already caused the accident to happen. If the lights were on, Cain could have diverted the jeep to a safer side to avoid the head-on collision. In
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