How could liability be determined with superseding causes? Both the defendant and the third party who caused the second event can be liable for damages experienced by the plaintiff when there is a superseding cause. If the third party's actions are foreseeable, the defendant who causes the first act cannot be liable. If the third party's actions or the second event are unforeseeable, the defendant who causes the first act could be relieved of liability. If the third party who commits the second act could foresee the defendant's original act, he or she is liable