Essay: Proximate causation

4 Jun

Essay: Proximate causation

Iara Quintana, Plaintiff-Appellant, was knocked down by a vehicle as she crossed a street that did not have street lighting. The city of Chicago was found not to have done anything wrong because the causal of the accident was not entirely on the inoperative traffic lights. The inoperative traffic lights were a just a condition that could have led to an accident but things were made different by the conduct of the drivers.

In the case of, Derdiarian v Felix Contracting Corp., it is evident that the proximate causation of the accident was the negligence of the company because it could not guarantee the safety of its employees. Placing employees alongside a road requires the employer to know that accidents are prone to happen (Surhone, Timpledon, & Marseken, 2010). Although the driver is negligent because he did not take his medication in time, it is important to note that another type of accident could have happened and cause injury to an employee at Felix. However, in the case of Palsgraf the proximate causation of the accident could not have been blamed on the conduct of the guard because this is just a condition that resulted in the accident. This is because the guard did not know what was contained in the package. Moreover, the guard was saving the life of a man whom he thought was falling. Therefore, the proximate causation of the accident was not issues of negligence on the railroad company (Steenson, 2009).

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