Monday, December 28, 2015

Failure to identify the cause of the fall.

Practice point:  In a slip-and-fall case, a plaintiff's inability to identify the cause of the fall is fatal to the cause of action because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based on speculation.

Student note:  Proximate cause may be established without direct evidence of causation by inference from the circumstances of the accident. However, mere speculation as to the cause of an accident, when there could have been many possible causes, is fatal to a cause of action.

Case:  Amico v. Kasneci, NY Slip Op 09393 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  The death of a party.