Practice point: Proximate cause can be established absent direct evidence, and may be inferred from the facts and circumstances underlying the injury.
Students should note that mere speculation as to the cause of a fall, where there can be many causes, is fatal to the cause of action.
Case: Bosser v. Bay Restoration Corp., NY Slip Op 09878 (2d Dept. 2010)
Here is the decision.
Monday’s issue: Employment Law.
