Negligence - The Causation Element

Question 1

MUCKLER v. BUCHL

Answer 1

Poorly Lit Stairwell. She fell. Apt building owner Violated statute…greater 50%.

In a wrongful-death action based upon premises liability, must the plaintiff sufficiently show by a preponderance of the evidence that the death was more likely than not to have been caused by the defendant’s negligence?

appellate court affirmed the decision even though there was no direct evidence that the darkness was the cause of the fall. Statute cause etc…not drunk..

Question 2

BUTTS V. WEISZ (3D CIR. 2010)

Answer 2

Guests at home of Weisz. He took stairs in basement and fell it was not good.
An increased risk of harm due to D’s negligence, standing alone, does not permit an inference that an injury more probably than not was caused by the negligence D could have fallen for reasons other than D’s negligence. There was no trap to be warned of and he was given a tour of the house previously

Question 3

JONES V. LA FITNESS INT’L, LLC

Answer 3

Basketball court injury, they did not build correctly.

Pursuant to Federal Rule of Evidence 702, may a witness who is qualified as an expert testify in the form of an opinion?

Yes. Pursuant to Federal Rule of Evidence 702, a witness who is qualified as an expert may testify in the form of an opinion.

Question 4

Substantial Factor

Answer 4

Majority follow California where they view substantial factor as a way of refining or clarifying the substantial factor test.

Some Courts like PA have P substantial factor test that sets a lower