Sentences with phrase «case of negligence»

They have to pay in case of negligence, gross negligence, but not for intentional damage.

Not only was this preventable, but it looks very much like a clear case of negligence.

Because this is a clear cut case of negligence, it's likely that the person who caused the fire can be held responsible.

Doctors failing to order necessary medical testing is the leading diagnostic error, according to one organization studying almost 200 alleged cases of negligence.

Many cases of negligence are more about what wasn't done, as opposed to what was done.

Indeed, even relatively straightforward cases of negligence often raise a variety of different procedural and merit - based defenses.

What seemed at first a mysterious accident is a solid legal case of negligence against at least three companies.

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

Because safe speeds are visibly posted, this is often a relatively straight - forward case of negligence.

In cases of negligence, you are entitled to payment for your health care, property damage, lost wages, and pain and suffering.

Many commercial trucks are also involved in turning accidents, which is not always a clear case of negligence.

Because this is a clear cut case of negligence, it's likely that the person who caused the fire can be held responsible.

The vast majority of such situations are not cases of negligence, but of willful neglect.

A lawyer can establish a prima facie case of negligence by collecting the necessary elements.

To accept this conclusion is to do away with the «but for» test altogether, in cases of multiple tortfeasors and multiple omissions, given that there is more than one potential cause in all litigated cases of negligence of this sort.

But beyond the massive loss of revenue to unscrupulous health care providers, widespread fraud in the elderly home care program has also led to serious cases of negligence and abuse of the elderly.

Punitive damages are reserved only for the most despicable cases of negligence or reprehensible behavior which directly resulted in your injury.

Indeed, if you've recently been harmed in a possible case of negligence and are curious about the viability of your possible claims and strategies for obtaining recovery, feel free to contact us for a free consultation.

In such cases of negligence, the injured person or the surviving family members may be able to recover financial compensation for the resulting losses by filing a personal injury or wrongful death insurance claim against the liable party.

Drunk driving accidents are cases of negligence plain and simple, and we will try to pursue every avenue for compensation for you.

Compensation for failure to protect data (Section 43 - A) was introduced by way of an amendment in 2008, which lays down the liability of a body / corporate to compensate in case of negligence in maintaining and securing the «sensitive data.»

The vast majority of such situations are not cases of negligence, but of willful neglect.

Those are all of the necessary elements for a prima facie case of negligence.

To accept this conclusion is to do away with the «but for» test altogether, given that there is more than one potential cause in virtually all litigated cases of negligence.

To the man's lawyers, it appeared to be a clear case of negligence — but the defendant (and its insurer) denied liability.

Conservatives have also favored Bush's pro-business tort reform during his governorship, which resulted in Florida becoming one of only a handful of states that have overturned long - established liability statutes, which freed businesses from more extensive damages in the case of negligence.

Errors & Omissions insurance protects, amongst other, design professionals in the event of a law suit, in case of negligence.

Yes, I'm undoubtedly part of the «academic» legion (likely not the host, from the SCC's perspective) who've «spilled ink» over issues related to «the proper test for causation in cases of negligence» so I'm more attuned than some to these issues but that's not the point.

In the case of negligence, it must be shown that there was a degree of carelessness in the product's design or manufacture that led to personal injury through a defect or hazard.

Personal injury is the wrongful injury of one person through the negligence or carelessness of another in a traffic accident, workplace accident, or a case of negligence.

«x» is the numerical value, rounded off to 3 decimal places, of the possibility that I'm not one of the «academic» spillers of ink to whom the SCC referred in Resurfice Corp. v. Hanke, 2007 SCC 7 at para. 20, [2007] 1 S.C.R. 333:» Much judicial and academic ink has been spilled over the proper test for causation in cases of negligence.

Resurfice has what will, no doubt, become a classic statement summary of how to avoid all discussions of doctrine: «Much judicial and academic ink has been spilled over the proper test for causation in cases of negligence.

In the case of negligence, the victim may be eligible for monetary compensation that can include lost income, medical expenses, and pain and suffering.

The term «prescription error» may be used to refer to any mistake or case of negligence that causes a patient to be administered, prescribed or dispensed the wrong prescription drug.

In cases of negligence, malpractice, or other injuries, you may have extensive medical costs, property costs, or long - term damage that may be entitled to compensation.

With the high population of senior citizens in Florida and the number of elderly care facilities or nursing homes scattered around the state, it's no surprise that cases of negligence and mistreatment are common.

I am a partner in the firm's clinical negligence team, specialising in complex, high value claims relating to cases of negligence in medicine and surgery.

In other words, in order to successfully recover compensation from the landlord, the tenant has to build a «prima facie» case of negligence.

She summarized the area in 8 brief paragraphs (paras. 20 - 28) introduced by a sentence which I wonder if the Court now regrets including: «Much judicial and academic ink has been spilled over the proper test for causation in cases of negligence.

«Much judicial and academic ink has been spilled over the proper test for causation in cases of negligence.

In the case of a negligence trial, plaintiffs must show the defendant owed a duty of care to the victim, that the defendant breached this duty of care, and that the breach of this duty directly caused the death of the victim.

The penalty for underpayment in the case of negligence is paying back the rest of what you owe plus an additional 20 % on top of that.

Not only was this preventable, but it looks very much like a clear case of negligence.