Sentences with phrase «duty to the plaintiff»

A jury may find negligence if the following elements exist: (1) a defendant owes duty to the plaintiff to exercise reasonable care, (2) breach of that duty, (3) proximate cause, and (4) damages.

Whether a defendant owed a legal duty to a plaintiff depends on their relationship.

He found that Morris had breached his fiduciary duty to the plaintiff by exercising his financial power over her.

As a general rule, a defendant violates a duty to a plaintiff by failing to exercise reasonable care under the circumstances.

The court also explained that the resort did not owe a duty to the plaintiff because he assumed the risks involved in skiing off - trail, so the resort had no obligation to place a warning sign atop the run.

The solicitor negligently believed that the engineer owed no duty to the plaintiffs, so did not sue him.

The Superior Court allowed the mother's motion for summary judgment, concluding that, as a matter of law, the mother did not owe a legal duty to plaintiff.

The plaintiff's claim alleged that the defendants breached their duty to the plaintiff to provide a safe school environment by failing to properly monitor and control the vehicular and foot traffic of students coming to and from the school.

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.

• The defendant owed a duty to the plaintiff.

There must be proof that defendant violated some legal duty to plaintiff, so that plaintiff is in fact the victim and not just the jilted party.

In other words, if a defendant's actions could not foreseeably result in the harm suffered by the plaintiff, the law may not be willing to say that he breached a duty to the plaintiff.

The district court granted AT&T Mobility's motion for summary judgment, agreeing with AT&T Mobility's argument that the company owed no duty to the plaintiff.

The issue in the case on appeal was whether the plaintiff's medical negligence claim against Dr. Sweet, an expert witness, retained by plaintiff's adversary in the pending litigation, owed a legal duty to the plaintiff.

To establish a case, the injured party (the plaintiff) must show that the truck driver or other defendant owed a duty to the plaintiff to exercise reasonable care under the circumstances; the defendant breached or failed in that duty; that this breach was the cause of the plaintiff's injury; and that the plaintiff was harmed.

In these types of negligence cases, a plaintiff may succeed if they can show that the defendant truck driver had a duty to the plaintiff, that the duty was violated, and that the defendant's violation of that duty was the cause of the plaintiff's injuries and damages.

However, the court held that the bar did not breach any duty to the plaintiff, since the fact that the man got into his car and struck the plaintiff was not a foreseeable result of the bar owner's actions.

Thus, the court held that liability was not appropriate in this case because the defendant owed no duty to the plaintiff.

This means that a defendant who is texting just before or during the time of an accident is automatically considered to have breached a duty to the plaintiff.

When a person who owes this type of duty to another does something that the average person would not do in the same or similar circumstances, he or she has breached that duty to the plaintiff.

To succeed in a New Mexico truck accident case, a plaintiff must prove the following: the defendant owed a duty to the plaintiff, the defendant breached that duty, and the breach was a proximate cause and cause in fact of the plaintiff's damages.

In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of...

In a civil suit, this needs to be a duty to the plaintiff.

In the cases below, the escrow agents did not owe a duty to the plaintiffs; home inspectors and appraisers did not fare as well.