Sentences with phrase «basis of any negligence claim»

Duty of care is the basis of any negligence claim.

Not exact matches

You hereby release and forever waive any and all claims you may have against Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of the website.

The Participant hereby waives any rights or claims to attorney's fees and indirect, special, punitive, incidental, or consequential damages of the Participant, identifiable persons, or third parties, whether foreseeable or not and whether based on negligence or otherwise.

In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law.

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

«Justice is asking the court to take these well - established rules to the logical next step and recognize that as a member of the class intended to be protected by Oregon's anti-cruelty statute, Justice may bring a negligence per se claim based on the standard of care in the anti-cruelty statute.»

Truth Legal can handle most types of personal injury, medical negligence and employment law claims, usually on a «No Win, No Fee» basis.

The Appeals Court noted plaintiff's claims for negligence and for informed consent were based on the same facts, and held there can not be a second cause of action of informed consent based upon the same facts as negligence for failure to diagnose and treat.

When an injury occurs because of a third party's negligence, our firm is prepared to file a personal injury claim based on product liability, which raises the amount you may be compensated by.

In this arena, he defends matters related to the operation of and loading / unloading of vessels, with claims based on the Jones Act, the Longshore and Harbor Workers» Compensation Act and general maritime negligence claims.

Sailors often base their claims on unseaworthiness of the vessel, or on the negligence of the captain or other employees.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

If you are injured by a driver who is under the influence of marijuana you may be able to file a claim for damages based on that driver's negligence.

The Community Legal Assistance Society, its funders, its authors, its contributors, its editors, and the distributors of this website are not responsible for ensuring this website is up - to - date, ensuring the completeness or accuracy of the information contained in this website, or any form of damages or monetary loss caused by or attributed to the use of this website, including but not limited to claims based on negligence or breach of contract.

The majority of personal injury claims in Florida are based on the theory of negligence.

The news comes weeks after the firm bulked up its presence in the East Midlands with the hire of a 10 - strong Derby - based personal injury and negligence practice from local firm Flint Bishop, which operates under a separate brand called Injured Patient Claims.

Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues - liability and damages.

The basis of negligence and the test in the Compensation Act 2006, s 1 may well — like «reasonable practicability» above — achieve this ably, but perhaps the reality of what these legal tests mean on the ground is not cutting through media coverage of no win no fee or the ever - present advertising for injury claims.

In Wellington v. Ontario, the family of a young man killed by two police officers sought to bring a claim in negligence against the Special Investigations Unit for various deficiencies in their investigation of the death; their claim was dismissed based on the Court of Appeal's view that these types of claims were not grounded in any realistic duty of care given the public duties of policing bodies.

When negligence harms another party, this is the basis of an injury claim.

The condition precedent Idaho's legislature has provided that before a lawsuit based on negligence can be filed against the ITD, a claim notice must be filed with the Secretary of State within 180 days of the date of the occurrence.

Brian Brown manages, supervises and handles the defense litigation cases involving automobile negligence, products liability, premises liability including lead - based paint poisoning, civil assaults, construction accidents, insurance coverage, insurance fraud and claims of negligent security, including ATMs.

In the above case specifically, it is possible the victims may bring a claim under the theory of negligence, based on the heightened duty of the «common carrier.»

Comparative negligence is a doctrine that reduces the amount of damages that you can recover as a plaintiff in an accident claim, based on the extent to which your own negligence caused the accident.

Negligence, strict liability, or breach of warranty of fitness are generally the main bases for product liability claims.

Premises liability cases are most often associated with «slip and fall» claims, but they encompass a far broader spectrum of negligence - based claims, such as allegations of inadequate security at an apartment complex or insufficient policies and procedures related to hiring employees with criminal histories.

The firm successfully defended a Quebec law firm against a $ 55 - million claim based on its alleged negligence in the implementation of a tax structure.

To succeed at trial, a class claiming waiver of tort will likely have to show fraud or something akin to a total failure of consideration, based on wrongful conduct going well beyond negligence.

A lawyer can help you by first determining whether you have grounds for a claim based upon a mistake or act of negligence in regard to your medication.

If your family member has sustained bed sores in a nursing home, you may have grounds for an injury claim based on the negligence of the facility and its staff.

392 (1962); Destefano v. Grabrian, 763 P. 2d 275 (Colo. 1988)(finding claims for mental pain and suffering, based on theories of negligence and intentional infliction of emotional distress, «plainly set forth claims for alienation of affections and criminal conversation»); Strauss v. Cilek, 418 N.W. 2d 378 (Iowa Ct..

This negligence forms the basis of a legal claim, and the injured party may be able to recover damages.

Based on this latest ruling by the highest state court and its ultimate authority over questions of state law, the plaintiff may yet receive compensation for his negligence claim.

As the claim was one for professional negligence, the plaintiff needed to «file with the complaint an affidavit of an expert competent to testify, which... set [s] forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.»

She also claimed negligence per se based on violations of the Texas Manual on Uniform Traffic Control Devices section 4D.05 (F)(1)(2) and City of Edinburg Resolution No. 01 - 1611.

Lead Attorney, Barry Regar, can investigate the facts of your claim, review your policy for relevant coverage, and fight on your behalf to recover the compensation you deserve in the face of a negligence - based accident caused by an uninsured or underinsured driver.

He sought damages from his employers («CCRL»): settlement was reached on the basis that the gross value of the claim was about ｣ 2m but that the Claimant would accept ｣ 400,000 in damages on the basis of an 80 % discount for contributory negligence.

Our Reno based attorneys, Riley M. Beckett, Laurie A. Yott, James A. McCarty, and Charles W. Spann have extensive experience in personal injury, torts, negligence law, insurance law, products liability, premises liability, federal tort claims, as well as, several other areas of the law.

The skilled advocates at the Indiana - based law firm of Parr Richey Frandsen Patterson Kruse have the experience and dedication necessary to confidently bring any claim based on a pharmacist's negligence.

The basis of both personal injury insurance claims and personal injury lawsuits is a legal concept known as negligence.

LCF Law's professional negligence practice is particularly noted for acting for individuals in claims against solicitors arising from inheritance disputes, as demonstrated by Bradford - based Ragan Montgomery's representation of an individual in a claim against his stepfather's former solicitors alleging negligence for failure to take adequate instructions as to the extent of the deceased's estate in drafting his will and for failure to properly execute the will in circumstances where the solicitors knew of the deceased's pending marriage and terminal illness.

Medical malpractice claims are some of the most complicated personal injury claims to bring, based solely on the complexity of medicine and the amount of knowledge required to properly pinpoint whether negligence actually occurred.

To recover compensation, the Act allows injured seamen to bring legal action against employers or ship owners based on claims of negligence or unseaworthiness.

Atherton Godfrey Solicitors has a highly rated clinical negligence practice based in Doncaster, which handles claims involving birth injury, misdiagnosis, oncology, GP care and fatality, and is one of a small number of local firms with the ability to handle birth injury cases under contract with the Legal Aid Agency.

If you feel as though you were injured by an incident which could have been easily prevented, you may be able to file a claim for damages based on negligence and receive compensation to pay for medical expenses, medication or rehabilitation, and recoup money from time missed at work as a result of your injury.

As a result of Justice Horkins» decision, the negligence claim based on constructive knowledge, as well as the other causes of action pleaded, will proceed as a class action.

Our attorneys have defended companies in lawsuits involving claims of negligence, invasion of privacy, and breach of contract arising out of the use and dissemination of computer - based information.

Represented a major U.S. - based automobile manufacturer in connection with claims of negligence arising from a company car accident.

Professor Fenn's figures are based on his analysis of average actual base costs of a clinical negligence claim and therefore attract credibility but he notes their limitations.