1 Analyses of this case by attorneys

  1. Heedless Heeding Presumptions – How New York Law Became a Morass

    Reed Smith LLPJames BeckOctober 9, 2015

    The black letter law, in New York as in most places, is that “[i]n order to prevail at trial in a negligence case, a plaintiff must establish by a preponderance of the evidence that the defendant’s negligence was a proximate cause of plaintiff’s injuries.” Burgos v. Aqueduct Realty Corp., 706 N.E.2d 1163, 1165 (N.Y. 1998). “The burden of proof to establish causal negligence is upon the plaintiff.”