Sentences with phrase «applied in negligence cases»

Not exact matches

The decision is notable because it is the most recent of a small number of cases to have applied the workplace - specific duty set out in the criminal negligence provisions of the Criminal Code.

Additionally, the SJC rejected Otis» arguments that judicial estoppel should not be applied because: (1) Otis is bringing the present suit as an assignee of Cusick and is therefore presenting Cusick's claims, not his own; (2) Otis himself did not make inconsistent statement under oath concerning his comparative negligence; and (3) the SJC previously rejected use of judicial estoppel in cases of assignment of legal malpractice claims.

In addition, they will have an ongoing relationship with the unique experts needed to prove negligence and reconstruct the scene of the accident and the ability to obtain all the documents that apply to your trucking accident case.

In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage».

In California, contributory negligence applies in cases, which are based in strict liabilitIn California, contributory negligence applies in cases, which are based in strict liabilitin cases, which are based in strict liabilitin strict liability.

For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.

When it comes to contributory negligence, the same principles as in municipal liability cases will apply.

[55] Although that caution was expressed in the context of a negligence case, it applies, in my opinion, to contractual interpretation as well.

If the civil standard applied in relation to civil fraud so far as VAT is concerned, then there was no reason in principle why it should not apply to such matters in relation to income tax, and negligence was then an a fortiori case.

In cases where pedestrians are harmed in Rhode Island by lack of a property owner's or caretaker's maintenance the same rule for proving negligence applies, but with different conditionIn cases where pedestrians are harmed in Rhode Island by lack of a property owner's or caretaker's maintenance the same rule for proving negligence applies, but with different conditionin Rhode Island by lack of a property owner's or caretaker's maintenance the same rule for proving negligence applies, but with different conditions.

It is important to note, however, that the laws of comparative negligence apply to personal injury cases in Arizona.

Different juries in different counties or areas of Virginia may have different opinions about whether contributory negligence applies in a certain case, so it is best to talk with an experienced Virginia personal injury attorney to learn how best to approach your case.

Should the case not settle before trial and the negligence lawsuit proceeds to the jury, the judge will instruct the jury on the law that applies to negligence cases in Florida.

Given that piercing the corporate veil is sometimes necessary to assure full recovery in certain cases, those with claims against a corporation should always considering finding counsel with experience in the nuances of corporate law as it applies to negligence cases.

Premises liability law may apply in your case, for example, as well as negligence, or intentional torts like assault.

Applying the Contributory Negligence Act to the case of a motor vehicle and bicycle collision means that even if the driver of the vehicle was negligent in causing the collision, the cyclist could still bear some responsibility for the collision if he or she failed to take reasonable steps to look out for his or her own safety.

The issue was whether the exclusion clause could apply to cases of negligence if these were not specifically mentioned in the clause.

The trial court decided that the «but for» standard applies and the contributory negligence defense was not appropriate in this case.

Sometimes laws of «contributory negligence», where you are held responsible for a portion of the damages, could apply in rear - end collision cases.

But the appeal judges took an important step away from that longstanding principle, ruling that the surveyors» negligence in this case could be applied to the entire two - staged loan agreement.

In coming to his decision that the accountant and the firm were, in fact, liable in negligence, Handrigan J. applied the Anns test, taking into consideration the Canadian application of that test in cases such as Kamloops (City of) v. Nielsen, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, and Odhavji Estate v. WoodhousIn coming to his decision that the accountant and the firm were, in fact, liable in negligence, Handrigan J. applied the Anns test, taking into consideration the Canadian application of that test in cases such as Kamloops (City of) v. Nielsen, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, and Odhavji Estate v. Woodhousin fact, liable in negligence, Handrigan J. applied the Anns test, taking into consideration the Canadian application of that test in cases such as Kamloops (City of) v. Nielsen, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, and Odhavji Estate v. Woodhousin negligence, Handrigan J. applied the Anns test, taking into consideration the Canadian application of that test in cases such as Kamloops (City of) v. Nielsen, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, and Odhavji Estate v. Woodhousin cases such as Kamloops (City of) v. Nielsen, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, and Odhavji Estate v. Woodhouse.

Leanne also applies her clinical negligence and personal injury experience in sporting cases and has been involved in rugby - concussion cases and claims by athletes injured from substandard training facilities.

(iii) Negligence Actions Involving Multiple Defendants: The basic «but for» test also applies in these more complex cases where loss flows from a variety of negligence acts from differenNegligence Actions Involving Multiple Defendants: The basic «but for» test also applies in these more complex cases where loss flows from a variety of negligence acts from differennegligence acts from different parties.