Sentences with phrase «constitute as negligence»
Jaywalking or running a stop sign can constitute as negligence and lead to the liability should they be the cause of an accident.
https://www.lorenzoandlorenzo.com/ Not exact matches
Anyone who has been injured as a result of the negligence of another also entitled to non-economic damages, which typically constitute more subjective complaints of pain, suffering, and inconvenience.
The defendant acted or failed to act in such a manner as to constitute negligence, wrongdoing or any type of substandard care;
Speeding does not, in itself, constitute negligence as the question of whether a vehicle's speed is reasonable turns on the factual circumstances, including the traffic and road conditions.
A driver's failure to exercise reasonable care for the safety of motorcyclists while driving on a highway or road may be found to constitute negligence by the driver and result in the driver's liability for the death or injuries sustained by a motorcyclist as a result.
«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»
As such, the Court found the trial judge was correct to use the «comparative blameworthiness» approach and Contributory Negligence Act and «any omissions the trial judge might have made in his reasons — absent proof that he had actually forgotten, ignored or misconceived the evidence at trial — does not constitute palpable and overriding error» (para. 55).
There is no clear cut answer for what constitutes negligence in a setting such as this.
After a second summary judgment attempt, the court dismissed Gill's contractor negligence claim, holding that installation or removal of asbestos - containing products constitutes an «improvement to real property» as defined in the construction statute of repose (CSoR).
For example, while ordinary medical mistakes by a medical doctor such as confusing two drugs with similar names or putting the decimal point in a prescription dosage, causing harm to a patient, would not ordinarily result in criminal liability, coming into an operating room while too drunk to drive and without reviewing which limb of a patient needs to be amputated despite a clear indication in marker on the leg of a patient showing that fact, might constitute criminal negligence on the part of a medical doctor.
7 DOS 00 DOS v. Flagship Marketing Group - availing of license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction over party not licensed at the time of the hearing where, at that time the complaint was served, the party was (i) licensed, (ii) an applicant for a license or renewal, or (iii) was eligible to automatically renew; salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares of voting stock in and from being an officer of any licensed real estate brokerage corporation with which the salesperson is associated; representative real estate broker availed the corporate broker license to an associated salesperson where the office was operated by the salesperson without the direct supervision of the representative broker and the salesperson conducted business as a broker for his own benefit; representative real estate broker engaged in fraud by availing the corporate real estate broker license to a salesperson; representative broker's availing of corporate broker's license for which the corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS fails to establish fraud, ignorance or negligence is not sufficient to prove mistake; pressure, regardless of how severe, is not undue influence; restitution denied where funds sought were received by an entity not named or charged in the complaint; corporate broker fined $ 3,000.00, representative broker's license revoked and fined $ 3,000.00 and salesperson fined $ 5,000.00