Sentences with phrase «by gross negligence»

This damage must be either intentional or caused by gross negligence.

Nothing in the Marvel Unlimited Terms shall exclude or restrict liability for fraud or for death or personal injury caused by negligence, damages caused by gross negligence or willful misconduct or any other liability which can not be restricted or excluded by law.

Also, serious violations may not ever be removed from your driving record (for example, speed racing on a public street, or causing a fatal accident by gross negligence).

Some 16 offenders were sentenced for manslaughter by gross negligence in 2014, incurring custodial sentences ranging from nine months to 12 years, four of which were suspended.

misrepresentation of data, for example suppression of relevant findings and / or data, or knowingly, recklessly or by gross negligence, presenting a flawed interpretation of data;

We are not liable for any bodily injury or property damage, liabilities, losses, judgments, or injuries whatsoever to you or other persons or to your or another person's animals and pets caused by the actions, behavior, or health of the Pets, or arising out of the Foster Care except if such damage, liabilities, losses, judgments, or injuries are caused by our gross negligence or intentional misconduct.

B.C.H.S. is not liable to you for any bodily injury, property damage, or loss whatsoever to you, other persons, your pets, or other person's pets, caused by the actions, behavior or health of the foster animals in your care, except if such injury, damage, or loss are caused by gross negligence or intentional misconduct by B.C.H.S. Returning Fosters: You agree to contact your Team Leader in the event you are no longer able or willing to provide foster care for your foster pet.

Duckenfield has been charged with the manslaughter by gross negligence of 95 of the 96 disaster victims, while Bettison is charged with four offences of misconduct in public office.

Not exact matches

While the Sponsor believes it has developed a proprietary Security System reasonably designed to safeguard, to the extent possible, the Trust's Bitcoins from theft, loss, destruction or other issues relating to hackers and technological attack, the Security System is not impenetrable and may not be free from defect, and any loss due to a security breach or software defect will be borne by the Trust, absent gross negligence, willful misconduct or fraud on the part of the Sponsor, the Trustee or their agents.

The Trustee will use reasonable care in the performance of its custodial duties under the Trust Agreement and will only be responsible for any loss or damage suffered by the Trust as a direct result of any gross negligence, fraud or willful default in the performance of its duties.

Under each agreement between the Trustee and an Authorized Participant to establish an Authorized Participant Custody Account («Authorized Participant Custody Account Agreement»), the Trustee is not contractually or otherwise liable for any losses suffered by any Authorized Participant or Shareholder that are not the direct result of its own gross negligence, fraud or willful default in the performance of its duties under such agreement, and in no event will its liability exceed the market value of the Bitcoins in the Authorized Participant Custody Account at the time such gross negligence, fraud or willful default is discovered by the Trustee.

The MDU welcomed today's announcement by Jeremy Hunt of a «rapid review» into the application of gross negligence manslaughter in healthcare.

«Climate change is a reality and not to address it is gross negligence by government and irresponsible as citizens,» he said.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

In no event shall anything contained herein be so construed as to protect the Foreside against any liability to the Registrant or its shareholders to which the Foreside would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties under this Agreement or by reason of its reckless disregard of its obligations under this Agreement.

No Liability: You are not liable to B.C.H.S. for any injuries to, illness, or disappearance of the foster pets arising out of normal foster care, except if such injuries or disappearance are caused by or arise out of your gross negligence or intentional misconduct.

You are not liable to us for any injuries to, illness, or disappearance of the Pets arising out of the Foster Care except if such injuries, illness, or disappearance are caused by or arise out of your gross negligence or intentional misconduct.

The cardholder agrees that s / he will defend and indemnify the Priority Pass group of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to, or destruction of, any property arising from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of gross negligence or wilful misconduct by the indemnified parties.

- In case of intent or gross negligence on part of Design Hotels ™ or by its agents or vicarious agents in performance Design Hotels ™ shall be liable according to the provisions of applicable law.

Koch Media is liable according to the statutory provisions for damage / loss sustained by a user and caused deliberately or through the gross negligence of Koch Media or its vicarious agents.

In 2003, Lomborg faced charges of scientific dishonesty that were reviewed by the Danish Committees on Scientific Dishonesty; their ruling found his work was «contrary to the standards of good scientific practice» but not characterized by» [bad] intent or gross negligence.»

At an event with Al Gore in 2015, Cuomo said,» «Climate change is a reality and not to address it is gross negligence by government and irresponsible as citizens.»

Getting injured by a drunk driver means being the victim of one of the grossest forms of negligence possible.

In order to establish an Art 2 breach (right to life), the standard of organisational negligence does not have to be gross negligence: knowledge of a real and immediate risk to life, which judged reasonably, might have been expected to be avoided by taking measures within the scope of the trust, is sufficient.

The duty of care owed in negligence is breached if the death is caused by the way in which activities are managed and organised or amount to a gross breach of a relevant duty of care (s 1 (1)-RRB-.

If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.

Securities lawyer Thomas Tew of Tew Cardenas opined that at a minimum, lawyers would have to show gross negligence — though he didn't specify by whom.

Even if LSUC could be considered a service provider, Morgan writes, the law society has a statutory immunity from these claims, which can only be bypassed by a claim of gross negligence.

... plaintiff's common - law breach of fiduciary duty and gross negligence claims must be dismissed because they are preempted by the Martin Act.

Gross negligence is further defined as a violation or breach of the standard of care, determined by practices accepted in a geographical area by other healthcare facilities or professionals.

GJEL has helped hundreds of bicyclists get the compensation they deserve after a bicycle accident, whether you were hit by a car or injured due to gross negligence.

If someone is injured or killed on the job in Texas and the employer subscribes to state - run workers» comp, the victim and / or their family is barred from filing a negligence claim against the company (except when gross negligence is involved) by law.

As defined by Title XLV § 768.12 of the Florida Statutes, defendants may be held liable when it can be clearly and convincingly shown that they acted with either intentional misconduct or gross negligence.

We talk a lot about medical malpractice caps (see here here and here) and late last month we noticed that some in South Dakota are trying to overturn the state's cruel 32 - year - old cap on compensation for patients hurt by gross medical negligence.

Under Texas law, punitive damage awards may be issued in cases involving gross negligence by a defendant.

In Gross Negligence cases where the tax return did not accurately reflect all records received by the taxpayer, the result was grossly negligent in 79 % of the cases.

Requires a plaintiff to prove by clear and convincing evidence that a defendant acted with intentional misconduct or gross negligence for the award of punitive damages.

In particular, the Court referred to section 42 (5) of the City of Toronto Act, 2006, which states that «except in the case of gross negligence, the City is not liable for a personal injury caused by snow or ice on a sidewalk.»

According to media reports, a bill has been introduced by a state representative from New Orleans that would require proof of gross negligence or a deliberate act in order to hold a company that makes floats for Mardi Gras liable for damages due to injuries of death.Two years ago an individual was crushed by a float that was defective.