preempted causation

Preempted causation is when multiple adequate causes are involved in an event, the subsequent acts after the first act cannot be the direct cause. Preempted causation is a type of joint and several liability found in tort law to identify a tortfeasor’s responsibility for an injuryCourts focus on the first sufficient cause rather than applying the but-for test under the preempted causation doctrine. For example, in the case Dillon v. Twin State Gas & Electric Co (1932), a boy was playing on a bridge when he lost his balance and fell from the bridge. When he lost his balance, he attempted to steady himself by grabbing a nearby high voltage wire, and was fatally electrocuted. The Court found that because the boy would have likely died from the fall from the bridge anyway, the defendant (the electrical company maintaining the electrical wires) should not be held liable for any damages, except those that would compensate for any increase in boy’s suffering due to electrocution, which was negligible.

[Last reviewed in April of 2026 by the Wex Definitions Team

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