Sentences with phrase «determined by negligence»

Not exact matches

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).

Most states follow the theory of «comparative negligence,» which means that if the injured party is determined to have been responsible for a certain percentage of the harm, that party's recovery (the monetary «damages» awarded or reached by settlement) will be reduced by that same percentage.

Bus accidents may be caused by the negligence of the school or district, bus driver, or other drivers on the road, which can make it difficult to determine who is liable for your child's injuries.

We also work with medical experts who can help determine the extent of the harm caused by medical negligence.

An individual in whose care a child has been entrusted may be found liable for injuries sustained by the child from exposure to lead - based paint or varnish if the child's exposure and resultant injuries are determined to have been caused by the individual's negligence.

Therefore, depending on the extent to which a jury believes a claimant's injuries could have been prevented by wearing a seat belt, they can determine the contributory negligence to be as high as 25 per cent.

[25] The Bank submitted the one must assess the legal tenability of the plaintiffs» negligence claims through the lens of the two - stage analysis re-affirmed by the Supreme Court of Canada in Cooper v. Hobart [9] for determining the existence of a duty of care in negligence.

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.

Therefore, if you are suffering from injuries that were caused by another driver's negligence, a Bardstown car accident lawyer can help determine the cause of the accident, and work towards getting you compensation for your injuries.

Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident's daughter.

Our attorneys will also evaluate your claim to determine if there was negligence by a third party.

Where damages have been caused or contributed to by the fault or neglect of two or more persons, the court shall determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent.

This time period varies drastically on a state - by - state basis, so it's essential to consult with a lawyer early on who may be able to help determine if the injury was a result of negligence.

In other states with comparative negligence policies, the damages awarded will be diminished by the percentage to which you are determined responsible.

What constitutes «negligence» is determined by Florida's standards of care.

The violation by any driver of traffic laws or rules of the road may be determined to constitute negligence per se on the part of a driver whose traffic or rule violation was a cause of an accident victim's injury or death.

A lawyer can help you by first determining whether you have grounds for a claim based upon a mistake or act of negligence in regard to your medication.

Hospitals, clinics, and other entities that employ medical professionals whose negligence is determined to have caused a child's birth injury may also be found liable for the damages suffered by the child as a result.

If an obstetrician negligently fails to recognize and handle these complications and the obstetrician's negligence is determined to have been a cause of the fetus's injury or death, the obstetrician may be held liable for the damages suffered by the child or the child's family as a result.

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.

After that element of negligence is determined, an individual has to show that the patient suffered injuries and, finally, that the injuries were caused by the medical mistakes that the healthcare provider made.

If you or someone you know has been the victim of a motorcycle accident caused by another person's recklessness or negligence, we can help you understand your legal rights and options so that you can determine the next steps you should take.

Being approved by the government does not convey immunity to negligence suits (see Wyeth v. Levine), but being approved can have weight in determining whether a party was negligent, since regulatory scrutiny ostensibly filters out errors that could have been caught.

In these types of cases, fault is determined by the law of negligence.

If an obstetrician or other medical personnel who are assisting in the birth of a child negligently fail to recognize and adequately manage these and other complications, the obstetrician and assisting medical professionals may be found liable in a medical malpractice action for a child's CP that is determined to have been caused by the negligence of such medical personnel.

In any of these cases, if the driver's rule or law violation or other incidence of negligence is determined to have caused an accident victim's injury, the driver may be found liable for the damages suffered by the victim as a result of his or her injuries in a negligence action brought by the injured victim.

Still, per 14 M.R.S.A. 156, damages may be reduced by the percentage of plaintiff's determined negligence.

In some cases, it may be difficult to determine if your injuries resulted from nursing malpractice, doctor error, a surgical mistake or negligence by another medical provider.

California personal injury law uses a doctrine of «comparative negligence» to determine legal responsibility for damages caused by a car accident.

The failure by medical personnel assisting in a child's birth to adequately monitor the vital signs of the mother and fetus in order to timely recognize the existence of fetal distress may be found to constitute actionable negligence and liability on the part of such personnel if this negligence is determined to have been a cause of the child's HIE injury.

By reviewing the accident report, pictures, and your notes, we can determine the role that each driver played in the crash and what percentage of negligence to assign to each driver.

If Morgan & Morgan attorneys believe your injuries were caused by negligence, they can begin an investigation, which involves talking with experts — such as medical professionals or accident reconstruction specialists — and witnesses to gather support for your claim and accurately determine what happened.

This is before the claimant can issue proceedings; Subject only to any delay caused by completion of the medical evidence the whole process can be concluded in two to three months; There will be a presumption of a paper hearing by the district judge if the claim can not be resolved between the parties using modified Pt 8 type proceedings; There will be fixed interim payments if the claim does not settle promptly; Contributory negligence arguments around seatbelt issues are to be determined by fixed deductions from damages.

[59] The primary test to be applied in determining causation is commonly articulated as the «but for» test: a defendant will be fully liable for the harm suffered by a plaintiff, even if other causal factors were at play, so long as the plaintiff establishes a «substantial connection» between the injuries and the defendant's negligence beyond the de minimus range: Farrant v. Latkin, 2011 BCCA 336 (B.C.C.A), at paras 9 and 11; Athey v. Leonati, [1996] 3 S.C.R. 458; Blackwater v. Plint, 2005 SCC 58; Resurfice Corp. v. Hanke, 2007 SCC 7; Clements v.Clements,, 2012 SCC 32.

The answer to this question is determined by the law of negligence.

Medical Negligence Litigation - We are devoted and determined advocates for individuals and families harmed by medical nNegligence Litigation - We are devoted and determined advocates for individuals and families harmed by medical negligencenegligence.

The state mandates split form liability coverage, which pays out in cases of liability or negligence as determined by law enforcement officials or investigators responding to the scene of an accident.

If something happens to damage your rented home, you can be held responsible for the repairs of the damage is determined by FL courts to have come about because of your negligence or intent.

Held internal investigation to determine violation and negligence of laws and regulations by the employees of fire department.