CACI No. 2921. Causation Under FSAA or BIA

Judicial Council of California Civil Jury Instructions (2022 edition)

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2921.Causation Under FSAA or BIA
If you decide that [name of defendant] [describe violation of the Federal
Safety Appliance Act/Boiler Inspection Act], then this is a cause of harm if
it played any part, no matter how small, in bringing about the [harm/
death], even if other factors also contributed to the [harm/death].
New September 2003
Sources and Authority
“Actions alleging a violation of the BIA are brought under the FELA. The
standard of causation required in a BIA case is the same as the standard of
causation required in a FELA negligence case.” (Summers v. Missouri Pacific
Railroad System (10th Cir. 1997) 132 F.3d 599, 606, internal citations omitted.)
“Proximate cause, as traditionally understood, is not required to establish
causation under either the FELA or the BIA. ‘Under the FELA [but not the
BIA], an employee is entitled to recover damages if the employers negligence
played any part in producing the injury, no matter how slight.’ (Fontaine v.
National Railroad Passenger Corp. (1997) 54 Cal.App.4th 1519, 1525 [63
Cal.Rptr.2d 644], internal citations omitted.)
Liability under the BIA is established if defendant’s violation of the BIA “played
any part, no matter how small, in bringing about or actually causing, the injury”
to the plaintiff . . . “without any requirement of a showing of negligence on the
part of the defendant.” (Oglesby v. Southern Pacific Transportation Co. (9th Cir.
1993) 6 F.3d 603, 606-609.)
Secondary Sources
42 California Forms of Pleading and Practice, Ch. 485, Railroads, § 485.45
(Matthew Bender)
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