Sentences with phrase «breach of her duty of care when»

The focus of this case was Mrs Miller's knowledge of both the horse and the rider, when considering whether or not she was in breach of her duty of care when she allowed Miss Harris to ride this horse.

Not exact matches

A person is negligent when he or she has a duty of care, breaches this duty of care, and the breach causes injury or property damage to another.

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

When a driver breaches their duty of care, they can be held responsible for the damage they cause.

A person is considered to have acted negligently when they breach a duty of care.

Improper braking technique that rises to the level of negligence happens when a driver breaches his duty to operate the tractor - trailer with the reasonable care expected of a skilled commercial truck operator and causes an accident that leads to harm to another person.

This remains the best text around to consider as a starting point when assessing whether there may have been a breach of duty in care in a particular field.

When health care providers make an uneducated guess, order the wrong tests, or misinterpret the results, they breach a basic duty of care to the patient.

Jumping from a bridge, knowing that you are likely to land in the middle of a busy freeway, breaches the duty of care pedestrians have when they are on the road.

Negligence occurs when you have and breach a duty of care to others.

When a surgeon acts negligently, disregarding his / her professional duties at the expense of his / her patient, this duty of care is breached.

In other tragic cases, the obstetrician, anesthesiologist, nurse or other attending professional breached their duty of care and failed to act quickly when the baby was in distress.

When a surgeon deviates from standard surgical practice and performs an improper diagnosis, treatment or operation, one that his / her fellow surgeons would not do under the same situation, the duty of care has been breached.

The plaintiff, known only as James C. Doe in court records, alleges the Archdiocese and Cardinal Francis George «breached the duties of reasonable care» when they allowed Daniel McCormack to become a priest in the first place.

While the judge acknowledged that the plaintiff was under a heightened duty of care because he was in breach of the law by riding his bicycle on the sidewalk, she failed to give effect to the heightened duty because she did not consider what care had been taken by the plaintiff when he saw the defendant's vehicle moving towards the exit from the gas station.

Actual cause exists when but for the breach of the duty of care, the injured person would not have suffered an injury.

This case has potentially far - reaching consequences when judging if a professional has breached his or her duty of care, particularly where the professional is providing advice in a situation where the client is required to decide which course of action to take or where there is no common consensus in the relevant industry about how the duty should be carried out.

When a water park breaches its duty of care to a guest, it can be held financially responsible for injuries.

Proximate cause exists when the type and extent of the injured person's injuries were reasonably related to the breach of the duty of care.

Health care providers owe a duty of care to their patients, and when they breach that duty, they are liable for injures caused to their patients.

Under basic principles of negligence, drivers are negligent when they breach a duty of care owed to others.

In car accident cases, for example, a defendant has a duty to exercise reasonable care when operating a vehicle, and a failure to do that is likely a breach of his or her duty.

When there is a lawsuit for negligence in a personal injury case, the plaintiff is responsible for proving by a preponderance of the evidence that the defendant breached their duty of care.

When her husband failed to appear in court, his dissipation was soon discovered, and she then filed a legal malpractice claim against her first and second lawyers, claiming that they breached their duties of care in failing to obtain an order from the divorce court freezing the couple's bank accounts.

When this duty of care is breached, and those actions result in the death of another, negligence has occurred.

Negligence occurs when a person has and breaches a duty of care, which causes another person to suffer harm.

When a doctor breaches that duty of care and injury results, he or she may be guilty of medical malpractice and liable for damages.

Re S (A Child acting by the Official Solicitor) v Rochdale Metropolitan Borough Council & Independent Reviewing Officer [2008] EWHC 3283 (Fam)[2009] 1 FLR 1090: Care proceedings — Local authority — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be issCare proceedings — Local authority — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be isscare proceedings should be issued.

Local authority — Care proceedings — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be issCare proceedings — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be isscare proceedings should be issued.