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Palsgraf v. Long Island Rail Road Co.: Landmark case for discussion of proximate cause and its relationship with duty. Court of Appeals of New York. 248 N.Y. 339, 162 N.E. 99. (1928) POKURA V. WABASH RY. CO., 292 U.S. 98 (1934) ([plaintiffs' negligence is determined by the facts and a reasonable person standard) Fletcher v.
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. [11] A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.
Comparative negligence – A partial defense that reduces the amount of damages a plaintiff can claim based upon the degree to which the plaintiff's own negligence contributed to the damages. Most jurisdictions have adopted this doctrine; those not adopting it are Alabama, Maryland, North Carolina, Virginia, And Washington D.C.
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To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3] If the same result would have occurred without negligence by the attorney, no cause of action will be permitted. "But for" or actual causation can ...
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