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In Palsgraf v. Long Island Rail Road the New York Court of Appeals did not find the rail road liable in a cause of action for negligence. Would it be more likely that the rail road would be held liable for negligence if the Court would have used the “substantial factor” legal test?
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Order Paper NowYes, the substantial factor test does not require foreseeability in order to find a negligent actor liable
No, the substantial factor test is a cause in fact test and not a proximate cause test like the test in Palsgraf
Yes, the substantial factor test allows a negligent actor to be liable even when the harm to the plaintiff would have occurred without the negligent conduct
Yes, the substantial factor test allows a finding of negligence in the scope of liability.
No, the substantial factor test requires the harm to the plaintiff to be foreseeable
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