Ridesharing options are gaining more popularity. Many of us don’t think twice about pulling out our smartphone and opening an app to call an Uber or Lyft driver when we need to get somewhere. Who is liable in the event of an accident? When you are a passenger in someone else’s vehicle, there are always multiple considerations of liability if there is an accident. When riding in public transit there are certain risks as well as protections and limits of liability as these modes of transportation are government run or.
“Causation” is an essential element of a tort action. Defendants are not liable unless their conduct such as the act or omission constituting a breach of duty to plaintiff was a “legal cause” of plaintiff’s injury. [Saelzler v. Advanced Group 400 (2001). Legal causation is generally a question of fact to be determined by the jury … unless, as a matter of law, the facts admit of only one conclusion. [Ortega v. Kmart Corp. (2001)]. The burden of proving lack of causation is properly shifted to a defendant who, being.