Palsgraf v. Long Island Railroad Co. is a landmark case that was decided by the New York Court of Appeals in 1928. The case involved an incident at a train station where a passenger was injured by falling scales which were knocked off the hands of another passenger when the latter was hurriedly trying to board a moving train. The injured passenger, Palsgraf, sued the Long Island Railroad Co. for damages. The court held that the railroad company wasn’t liable for Palsgraf’s injuries as there was no evidence that they had acted negligently or that there was a direct relationship between their actions and Palsgraf’s injuries. This case established the concept of proximate cause which requires a plaintiff to prove that the defendant’s actions were the actual cause of their injuries and that there was a direct relationship between the two. The decision has had far-reaching consequences and has been cited in many subsequent cases.
burden of proof
In a premises liability case, a person who has been injured on someone else’s property may be able to recover damages for their injuries. These damages can include compensation for medical expenses, lost wages, pain and suffering, and any property damage that may have occurred. This compensation is meant to help the injured person recover and move on from their injuries as smoothly as possible without the added financial strain.
Additionally, if the property owner or manager acted with negligence or failed to maintain a safe environment on the premises, punitive damages may also be awarded. These damages are meant to punish the property owner or manager for their negligence and to deter them and others from acting similarly in the future. Overall, the goal of damages in a premises liability case is to make the injured party whole again and to hold the responsible party accountable for their actions.
WHAT IS THE PLAINTIFF’S BURDEN OF PROOF IN A PREMISES LIABILITY CASE? In a premises liability civil trial, the plaintiff bears the burden of proof, which means that the plaintiff must prove the facts in the case by a preponderance of the evidence (i.e., the greater weight of the evidence, that it is more likely …