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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. 685 (2011) (holding that in FELA case, railroad employee need only establish that railroad’s negligence played part, no matter how small, in bringing about injury in order to satisfy causation element).