Sentences with phrase «civil liability for damages»

The Criminal DUI Charges on an Accident Lawsuit When a driver is involved in an accident and is found at fault by the police and convicted of DUI, a lawsuit to prove civil liability for the damages from the accident is easier to win, since it is generally easier to prove civil liability than to obtain a criminal conviction.

Yesterday, the Supreme Court announced that it accepted review of Stoneridge Investment v. Scientific Atlanta, an 8th Circuit decision where the court held that civil liability for damages does not lie against defendants who merely «aid and abet» securities fraud unless those defendants actually made a mistatement.

Additionally, as government bodies are accountable to the public through other means, like elections, civil liability for damages may not be necessary from a public policy perspective.

Failing to do this constitutes recklessness and it is punishable by a misdemeanor or even a criminal charge depending on the situation; however, civil liability for the damages caused are kept separate.

But the Supreme Court has directed the lower federal courts to apply qualified immunity broadly, to protect from civil liability for damages all officers except «the plainly incompetent or those who knowingly violate the law.»»

When a drunk driver causes an accident that results in property damage, injury, or death, he or she can face additional criminal charges, as well as civil liability for the damage caused.

The June 21, 1993 Lugano Convention on civil liability for damage resulting from activities dangerous to the environment, the November 4, 1998 Strasbourg Convention on the protection of the environment through criminal law and the June 23 and 25, 1998 Aarhus Convention on access to information, public participation in decision making and access to justice in environmental matters underline this requirement and give the judiciary a central role in the enforcement of environmental law.

Not exact matches

When the judges ruled that the school officer's actions were protected under qualified immunity, which shields public officials from liability for civil damages, Gorsuch issued a colorful dissent arguing that the student should have been able to sue the officer for using excessive force.

The statute provides immunity from liability for civil damages for volunteers assisting with extracurricular activities, except when the act or omission is willfully or wantonly negligent.

A volunteer authorizing a young athlete to return to participation has immunity from liability for civil damages, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

The statute provides immunity from liability of civil damages resulting from an act or omission in the rendering of an evaluation for a licensed health care provider acting as a volunteer who in good faith authorizes a student athlete to return to play.

The statute provides immunity from liability for civil damages resulting from any act of omission to a volunteer who authorizes a youth athlete to return to play, except in circumstances of gross negligence or willful or wanton misconduct.

We shall have no Liability to You for any delay in performance of this Service and / or any other matters to the extent that such events and / or matters are due to any events outside Our reasonable control including but not limited to acts of flood, fire, war, labour disputes, strikes, any kind of god, lock - outs, riots, civil commotion, hijacked airplanes, malicious damage, explosion, aliens from outer space, governmental actions and any other similar events.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

[FN17] Civil liabilities include actual [FN18] and punitive damages, [FN19] as well as attorneys» fees and costs for the prevailing party in a successful action to enforce liability.

Mulcoy Travel does not accept any liability in contract or in tort for any personal injury, death, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, including, but not limited to, war, civil disturbance, fire, criminal activity, floods, unusually severe weather, acts of Government or any authorities, accidents to or failure of machinery or equipment, or your failure to obtain a passport, visa or proper vaccinations or to comply with applicable laws and regulations.

We represent individuals and professionals, municipalities and their agencies, business entities, trucking companies, insurers and their insureds from claims and lawsuits for catastrophic losses and personal injuries, civil rights, construction losses and contracts, employment related practices, property damage and wrongful death arising from the transportation function and commercial motor vehicle activity; the ownership, use and control of land (including environmentally related or toxic exposure claims); the design, manufacture, sale or use of industrial and consumer products; and liability claims against licensed professionals, including lawyers, engineers, accountants and architects, in the States of Pennsylvania and New Jersey.

The EAT found that it could have regard to the Civil Liability (Contribution) Act 1978 (CLIA 1978) and apportion liability between various respondents where it was «just and equitable having regard to the extent of [each party's] responsibility for the damage in questioLiability (Contribution) Act 1978 (CLIA 1978) and apportion liability between various respondents where it was «just and equitable having regard to the extent of [each party's] responsibility for the damage in questioliability between various respondents where it was «just and equitable having regard to the extent of [each party's] responsibility for the damage in question».

or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability, which will be similar to DRT (Debt Recovery Tribunal of INDIA)(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence, Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker & need 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT (C)- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels (D)-- All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 (khan) 18 (2) & (3) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of JDamages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence, Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker & need 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT (C)- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels (D)-- All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 (khan) 18 (2) & (3) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Jdamages to certain extent under LIMITATION ACT (C)- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels (D)-- All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 (khan) 18 (2) & (3) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Justice.

While a clear violation of such laws may establish the defendant's guilt in criminal court, they do not necessarily establish his or her liability for civil damages.

Most crimes simultaneously give rise to civil liability for money damages, and to criminal liability.

A determination of insurance liability by an accident investigation may help in pursuing compensation for these damages, but it is not necessary when pursuing a claim in civil court.

In a civil liability case, the court's primary objective is to compensate the plaintiff for damage he or she has suffered, not to punish the debtor.

Tort Claim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liability.

Establishing Civil Liability Based on Prescription Drug Use Those who have been injured in an accident where the other driver was under the influence of prescription drugs may be entitled to monetary damages to help compensate them for their injuries and losses.

Civil Liability for Accidents Caused by Drunk Driving In addition to the criminal liability that drunk drivers may face on account of their intoxicated driving, they may also be liable for civil damages to the victims or their famiCivil Liability for Accidents Caused by Drunk Driving In addition to the criminal liability that drunk drivers may face on account of their intoxicated driving, they may also be liable for civil damages to the victims or their Liability for Accidents Caused by Drunk Driving In addition to the criminal liability that drunk drivers may face on account of their intoxicated driving, they may also be liable for civil damages to the victims or their liability that drunk drivers may face on account of their intoxicated driving, they may also be liable for civil damages to the victims or their famicivil damages to the victims or their families.

The Court found that the decision in the Judicial Review proceedings did not determine any civil law claim for damages and consequently the SFO was not precluded from disputing liability for trespass.

«We generally hold that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.»

The FTCA does not bar suits for breach of contract, does not bar suits for injunctive or declaratory relief, and does not bar suits against government employees for money damages for intentionally violating someone's civil rights (even though some union contract indemnify and defend government employees for civil rights violations, in practice, converting tort liability of an individual into contractual liability of the United States government).

The first is Bill C - 5: An Act respecting civil liability and compensation for damage in case of a nuclear incident.

As Lord Atkin put it when referring to the Good Samaritan situation in Donoghue v Stevenson [1932] AC 562, [1932] All ER Rep 1, «an omission which was likely to have as its reasonable and probable consequence damage to the health of the victim of thieves, but for which the priest and the Levite would have incurred no civil liability in English law».

Assuming that liability in Canada could be established then in terms of damages for copyright infringement, the Act includes a civil remedy of statutory damages which a successful plaintiff may elect to be awarded in place of an accounting of profits or damages.

Many will successfully evade civil liability exposure; but where it can be made to stick, the same issue which has dogged the courts for decades will be a persistent irritant to those seeking justice: how do you quantify the damages for disappointment and lost expectations?

Rental coverage provides coverage for renters on their contents that are damaged in the event of fire or lightning, vandalism, theft, damage from vehicles, civil commotion, glass breakage, and personal liability.

Your insurance can include theft, fire, vandalism and coverage for civil liability caused by damage to another person or property.

Civil liability: Covers you for damage in case someone gets injured or damage is caused to someone's property.

The Civil Liability for Nuclear Damage Act features clauses that enable the operator to take legal recourse against their suppliers, had earlier raised concerns among key players of India's fledgling industry.

Two sections appear in the form — Section A for civil liability and Section B for damage to your own vehicle.

Any CRA that violates the California ICRA is subject to civil liability for $ 10,000 arguably even if there are no actual damages.