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United States Leading Case duty of carecausation legal remoteness

Palsgraf v Long Island Railroad Co

162 N.E. 99 (NY 1928)
JurisdictionUnited States
CourtNew York Court of Appeals
Year1928
StatusBinding authority

Summary

A defendant owes a duty of care only to foreseeable plaintiffs; liability in negligence does not extend to unforeseeable victims beyond the range of apparent danger.

Key Principle

foreseeability as the boundary of duty; Cardozo majority vs Andrews dissent on proximate cause

Area of Law

Tort and Negligence

Related Cases

Cattanach v Melchior (2003) 215 CLR 1

Costs of raising a healthy child born following negligent sterilisation advice are recoverable as damages in a wrongful birth claim.

Sullivan v Moody (2001) 207 CLR 562

HCA held that a general neighbourhood principle cannot determine duty of care; coherence of the law acts as a constraining factor in novel duty situations.

Perre v Apand Pty Ltd (1999) 198 CLR 180

High Court of Australia established a multi-factor approach to pure economic loss, considering vulnerability, assumption of responsibility, and control in determining duty of care.

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