What happens if the defendant argues my own conduct was the sole proximate cause?

· 3 min read

This defense aims for a complete defeat, not a discount. When a defendant claims the injured person’s own conduct was the sole proximate cause, the argument is that the plaintiff alone brought about the harm, so the defendant’s behavior, whatever it was, did not legally cause the injury. If a jury accepts it, the claim fails outright rather than being reduced by a fault percentage.

Sole cause is different from shared fault

Georgia’s comparative-fault rule under O.C.G.A. § 51-12-33 handles situations where both sides contributed: the jury assigns percentages, reduces the recovery by the plaintiff’s share, and bars recovery only if the plaintiff is 50% or more at fault. A sole-proximate-cause defense sidesteps that math. Instead of saying “we share blame,” the defendant says “your own act was the only legal cause, so there is nothing to apportion.” The two arguments often appear together, but they ask the jury for different outcomes.

Proximate cause is the link between conduct and injury. A defendant raising this defense is trying to break that link entirely, arguing that the plaintiff’s choice, not the defendant’s negligence, is what actually produced the harm.

How the argument plays out

Defendants typically build a sole-cause theory around the plaintiff’s specific decisions, such as:

  • Ignoring an obvious, well-marked hazard that any reasonable person would have avoided.
  • Misusing a product in a way the defendant could not anticipate.
  • Taking a sudden action that left the defendant no realistic chance to respond.

The plaintiff answers by showing the defendant’s conduct was still a contributing cause. If the defendant’s negligence helped bring about the injury at all, the case is usually one of shared fault to be apportioned, not a total bar.

Who decides

Causation is generally a question for the jury. A defendant may ask the judge to rule before trial that no reasonable juror could find the defendant’s conduct caused the harm, but courts grant that only in clear cases. Where reasonable people could disagree about what actually caused the injury, the jury weighs the competing accounts and decides.

The bottom line

A sole-proximate-cause argument is an attempt to win completely by pinning the entire cause of the injury on the claimant. It differs from ordinary comparative fault, which splits responsibility by percentage. Whether it succeeds turns on causation, and as long as the defendant’s negligence contributed to the harm, the case generally moves into apportionment rather than ending in a total bar.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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