Every lawyer knows the case of Palsgraf v. Long Island Railroad. It’s a staple of torts classes in every torts class in every law school: the one where a passenger attempted to board a moving train, assisted by a couple of railroad employees.
Time to Lose the Empty Chair
The so-called “empty chair” defense represents a means for the defendant to deny responsibility for causing the victim’s harm by alleging that (some or all of) it was instead caused by someone else who is not a party to the litigation.