Question

The landmark case in negligence law is Palsgraf vs. Long Island Railroad Co., 162 N.E. 99 (1928). Research this case. What does it say about the standards of negligence? Discuss the concept of contributory negligence. Complete the assignment in two to three paragraphs.

Answer 1

The standards of negligence has certain elements which the plaintiff needs to prove that the defendant was negligent. The elements of negligence are in terms of duty, breach, causation, proximate cause and damages. The case states that there was no negligence on part of the employees because in the process of aiding the man to board the train, there was no foreseeable harm and hence was no duty of care to Palsgraf. This means that there was no breach of duty or breach of causation. Hence, negligent was not on part of the railroad employees.

Contributory negligence- means that the plaintiff failed to act prudently. Since the injured party (plaintiff) did not act wisely, it led to the contributory factor of injury. Thus, in the case, Palsgraf should have moved aside as soon as the employee aiding the man was to cause injury. The injury was a foreseeable harm on part of the plaintiff. Hence, Palsgraf was hurt in the accident due to the fact that she herself was responsible for their own injuries.