Torts I

Palsgraf Rule


The rule from Palsgraf is often used when addressing proximate cause issues when the plaintiff is not directly involved in the event or accident that leads to his injury. Palsgraf provides that proximate cause extends liability to those whose conduct harms persons within the zone of the reasonably foreseeable plaintiff. The concept of foreseeability limits liability to the consequences of an act that can reasonably be foreseen. If a person is not a reasonably foreseeable plaintiff, a defendant cannot reasonably foresee an unreasonable risk of harm to him; therefore, the defendant’s negligence would not be the proximate cause of an unforeseeable plaintiff’s injury.

This is another take on the direct cause rule and uses the reasonable foreseeability rule basically.