Sentences with phrase «causation in negligence claims»

In doing so the majority provided the following reasons on the «but for» test of causation in negligence claims:

Not exact matches

The court explained that in premises liability claims concerning a breach of the general negligence standard, «mere speculation» as to causation is not enough to show causation and prevent summary judgment.

In a negligence claim, the plaintiff must establish the elements of duty, breach, causation, and damages.

Our firm assists our clients in assessing whether there is enough evidence of causation (proof that someone else's negligence caused an injury or damages) to justify a claim or lawsuit.

In her negligence claim, then, she had to prove duty, breach, causation, and damages.

And, in the successive incident situation, it's stretching a point to claim that the negligence of a later wrongdoer destroyed the plaintiff's ability to prove causation in respect of an earlier wrongdoing, unless one means that because the the injuries are «indivisible» it's impossible for the court to make a valid conclusion as to who caused what.

Consequently, future claimants would be expected «to be able to understand and apply the law of negligence, liability, causation and quantum, instruct and pay for a medical expert, quantify their claim, pay a court fee, obtain witness evidence from independent witnesses, negotiate with insurers and ultimately appear in court as their own advocate against a legally experienced opponent».

To establish factual causation in a cause of action in negligence, the plaintiff will have to use, and satisfy, the but - for test, except in claims arising out of the negligent screening of blood donors.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.