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Sidebar - Close Enough to Count
Statutes & Stethoscopes: Sidebar - Close Enough to Count.
A high fall risk nursing home resident gets up alone because the bed alarm is off. She breaks her hip, has surgery, develops pneumonia and dies eleven days later. Did the nursing home cause her death? The factual chain is only half the question the law asks.
In this Sidebar I explain the difference between cause in fact and proximate cause, Pennsylvania's substantial factor test, and why foreseeability sits at the heart of it. We revisit Palsgraf v. Long Island Railroad, Judge Cardozo's majority and Judge Andrews' famous dissent, walk…
The skinny
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