Louisiana Personal Injury Law: Intervening or Superceding Cause

The burden of proving a superseding or intervening cause rests with the defendant and conjecture and possibility that another incident was involved as a causative factor of the injuries sustained is insufficient to prove an intervening cause; defendants must prove such intervening cause by a preponderance of the evidence. Lancon v. State Farm Mut. Ins. Co., 94-256 (La.App. 3 Cir.10/5/94), 645 So.2d 692, 696-97), writ denied, 95-0153 (La.3/17/95), 651 So.2d 272; and Turner v. Nationwide Ins. Co., 503 So.2d 734, 736-37 (La.App. 3d Cir. 1987).

This Louisiana personal injury law jury instruction is provided by the experienced Baton Rouge, Louisiana personal injury lawyers at Dué, Guidry, Piedrahita & Andrews.