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6.4 FELA—Causation

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6.4 FELA—CAUSATION

Negligence is a cause of an injury if it played any part, no matter how slight, in bringing about the injury or damage, even if the negligence operated in combination with the acts of another, or in combination with some other cause.

Comment

The Supreme Court approved a similar instruction in CSX Transportation, Inc. v McBride, 564 U.S. ___, 131 S. Ct. 2630 (2011) (holding that in FELA cases, a railroad employee need only establish that the railroad’s negligence played a part, no matter how small, in bringing about the injury in order to satisfy the causation element).

Approved 1/2012