Sentences with phrase «duty caused your injury»

You must show that it is more likely than not that the healthcare professional's breach of duty caused your injury.

Your claim will not be successful unless it can be shown that the at - fault party (or parties) owed you a duty of care, breached that duty of care and this breach of duty caused your injury or loss.

However, the law lords held that Mr Corr's illness was a direct result of his employer's negligence — the employer owed Mr Corr a duty of care, and the breach of that duty caused him injury, both physical and psychological.

Causation: You must prove that the defendant's breach of duty caused your injuries.

Not exact matches

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and / or unfairly subsidized U.S. imports of certain steel wheels from China are causing injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and / or unfair subsidization found to exist.

According to the complaint, «The Police Department used excessive force... and executed their duties in a grossly negligent manner which proximately caused personal injuries to, and the wrongful death of, Jonathan A.P. Ferrell.»

The former Chelsea and Manchester City forward has already spent time in Los Angeles this season when he was rehabilitating from a thigh injury that caused him to miss five months of the campaign after being injured on international duty in September and has revealed that he enjoys being in a different environment:

If they have a strong case that he had duty of care in regards to her, he breached that duty of care, and her injury is a direct and proximate cause, why not?

The main artery at the back of his neck was damaged during the birth which caused a fatal brain haemorrhage, probably due to the nursing staff wanting me to deliver before the night shift came on duty and their intervention caused the injury to the neck area.

In the course of committing the crime, the defendant caused physical injury to two residents of the home and police officer who was in the course of performing a lawful duty.

Changes in warfare practices in the last two decades have elevated blast (i.e., explosive) injuries to the primary cause for mTBI in the US active duty military.

In this instance, the tenant was negligent in those duties, and that negligence may be determined to have been the proximate cause of the mail carrier's injury.

Finally, the injured person must establish that your breach of duty (see above) is the direct and proximate cause of the injury in question.

I agree to hold HBGRR harmless for any injury or injuries which I might sustain including, but not limited to, injuries caused by animals during the course of my volunteer duties with HBGRR;

Evidence connecting the breach of duty to the injury suffered may permit the judge, depending on the circumstances, to infer that the defendant's negligence probably caused the loss.

In Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr) the court considered whether a child had breached a duty of care by running into a school lunchtime assistant supervisor, causing her serious injury.

An injured Maine motorcyclist must be able to submit admissible evidence that more likely than not a defendant's breach of duty (such as a right - of - way violation) was the cause of his injuries.

Any injury or illness which was caused or made worse by your job duties is eligible for workers» comp.

A person is negligent when he or she has a duty of care, breaches this duty of care, and the breach causes injury or property damage to another.

Unfortunately, some cosmetic and plastic surgeons fail to uphold their duty of care towards their patient and stray away from the medically approved practices that caused injury to their patient.

As a team, our medical malpractice lawyers, researchers, experts and you will need to prove that duty of care existed, was breached, and caused your provable injuries and suffering.

In order to establish medical malpractice, the injured patient must demonstrate the following: i) the ophthalmologist owed a duty of care to the patient; ii) the ophthalmologist breached the duty of care owed to the patient by providing negligent or substandard care; and iii) the ophthalmologist's breach was a direct cause of the patient's injury.

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

It is not enough to show that a medical professional breached the duty of care; a plaintiff must also show that the breach was a direct and proximate cause of his or her injury.

If you have a defective household appliance, you shouldn't hesitate to find out what duties the manufacturer owes you to fix or replace it, and whether the manufacturer is obligated to compensate you for any injuries the product may have caused.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

The trooper was arrested after he was involved in an off - duty car accident that caused serious injury to his passenger.

Product manufacturers have a duty to ensure that their products, if used as intended, do not cause burn injuries.

To establish negligence, the plaintiff (the injured party) must prove that the defendant (the party the plaintiff is suing) owed the plaintiff a duty; breached that duty; caused the plaintiff's injuries; and that the plaintiff suffered injury or damage.

As such the persons in charge of running escalation systems in commercial and residential structures are charges with the «highest duty of care» to prevent mishaps that can cause personal injury or death.

The plaintiff's lawyer will argue that the defendant breached his duty to operate the vehicle safely, the defendant's breach caused injury to the plaintiff, and that the plaintiff suffered compensable damages.

In D.E v. Unifund Assurance Co. the Court was tasked with determining whether an insurer had a duty to defend its insured under a homeowner's policy against a claim alleging that the insured's Grade 8 daughter had bullied her classmate, causing physical and psychological injuries.40 The claim alleged that the insured was negligent in their failure to control their daughter.

For a finding of liability against Mr. Evoy it was necessary to find both a breach of the duty owed to Mr. Vandendorpel and that the breach was a cause of the injury.

At trial, the victim will have to provide witness testimony, videos, photos, janitorial logs, etc. to prove the hotel breached its duty of care and that the hotel's negligence caused the victim's injuries.

Negligent drivers who breach that duty are liable for any damage or injury caused by the accident.

If you retain us we will try to show the court the defendant owed you a duty, the defendant breached that duty, the defendant's actions or omissions proximately caused your injuries, and damages.

A landowner still owes a duty to trespassers to refrain from willfully and wantonly causing injuries to an undiscovered trespasser.

To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, the plaintiff suffered an injury, and that the injury was caused by the doctor or other medical professional's negligence.

They also need to prove that a failure in this duty of care caused their injuries.

A negligence claim has four elements: (1) a duty of care; (2) a breach of that duty; (3) an injury that was proximately caused by the breach; and (4) actual damages resulting from that injury.

Even though the train company has violated its duty to you, it may not have caused your injuries.

This means that the one who caused the injuries had a legal duty to act in a reasonable manner toward the victim.

You will need to show that this driver owed you a duty of care, failed to drive according to that duty, and caused the injuries and costs that you sustained.

In making a personal injury claim, it is necessary to show the prima facie evidence that you were injured and that your injury was caused when somebody else breached a duty they owed to you.

You must prove that the responsible party breached the duty to exercise reasonable care, and this failure caused your injuries.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

This includes proving that the party involved had a duty to act with a reasonable standard of care, that duty was violated, and that this violation resulted in an accident that caused injuries.

Medical malpractice occurs when a medical professional is negligent in performing his or her duties and causes injury to a patient.

To prove negligence on the part of the person or company who caused the injury, the plaintiff must first demonstrate that the defendant owed a duty of care to the plaintiff.