LAW 535-001 – Criminal Law
Intervening cause is an independent force that occurs after the defendant's act and is also an actual cause of the harm.
- How substantial the defendant's causal responsibility is to that of the intervening cause
- If insubstantial, unlikely to be foreseeable.
- Whether the intervening acts were "reasonably foreseeable"
- The defendant cannot escape liability if the intervening act was "reasonably foreseeable."
An intervening cause can either be responsive to or independent of the defendant's actions.
If the other factors do not make it clear, it is unlikely to be proximate cause, but a few miscellaneous factors can still be considered: