Sentences with phrase «escape liability for»

A landlord can't escape liability for negligence just because tenants signan exculpatory clause in the rental agreement, the Colorado Court of Appeals has ruled.

As the above case demonstrates, a Defendant Landlord may try and escape liability for injury or disrepair.

The basis of this charge is that a driver became involved in a motor vehicle accident and thereafter departed the scene in an effort to escape liability for the accident.

It should be emphasized that a defendant can not escape liability for an accident merely on account of his or her age.

No doubt solicitor ingenuity at attempting to escape liability for the hearing fee will continue until some sense of shame intervenes, for example, proceeding as though the fee had never been invented and in the hope that a clerk on work experience will attend to the correspondence or demanding that pre-trial checklists are dispensed with in expectation that the hearing fee — and the listing fee usually payable with it — is overlooked.

Were the rule otherwise, a carrier could escape liability for the negligence of its independent contractors, thus reducing the incentive for careful supervision and depriving those who are injured of the financial responsibility of those to whom the privilege was granted.

[60] Simply put, I do not think a manufacturer should be able to escape liability for failing to give a warning it was under a duty to give, by simply presenting evidence tending to establish that even if the doctor had been given the warning, he or she would not have passed it on to the patient, let alone putting an onus on the plaintiff to do so.

Turning to micro-level decision - making, physicians and other medical service providers are unlikely to escape liability for malpractice by arguing that fiscal restraints justified their decision not to provide a particular service.

Not exact matches

Even if the school officials do manage to win qualified immunity and escape personal liability, courts will almost certainly never sanction the kind of discrimination alleged in Plano, leaving school districts solely liable for the conduct of their employees.

Federal legislation enacted last year allows homeowners who negotiate loan modifications with lenders and have portions of their principal debt eliminated to escape income tax liability for the amount forgiven.

«If Philip Morris chooses to market an inherently dangerous product, it is at the very least perverse to allow the company to escape liability by showing only that its product was used for its ordinary purpose.»

These reforms are a giant leap forward for civil sexual assault claims: there is no longer any ambiguity or room for perpetrators to escape liability based on the technicality of an arbitrary time limit.

That is the sense in which this is required by law: the customer must have actually presented the identification, in order for the establishment to escape liability (RCW 66.20.210).

Nevertheless, password protection will most certainly be the most cost efficient solution for wireless network operators to escape further liability as it is fairly cheap to implement while making access to a network relatively easy for users.

However, as long as the establishment follows the rules for acceptable ID, they escape liability if in fact they sell alcohol to a minor: the license holder is legally allowed to accept an identification of the specific type.

Cases with clear liability, where the defendant admits negligence, or where the defendant is unlikely to escape liability, have a higher value for the plaintiff.

Mr Justice Christopher Clarke so ruled in Harris and another v Moat Housing Group - South Ltd [2007] EWHC 3092 (QBD), [2007] All ER (D) 323 (Dec) resulting in an escape for the paying party of a potential liability of # 53,000.

[11] Commentators have predicted that it will be difficult for a principal — any individual principal — to escape liability because he / she would be forced to assert the «stupid lawyer» defense along the lines of «I was too busy» or «I was too naïve» to understand what was happening or do anything about it.

The fall out from sub prime mortgages focussed on those responsible for structuring and selling the products; the ratings agencies appeared to escape liability.

The outlook for food poisoning cases as a result of the Wood case does not therefore look good where the tour operator has done all it can and should therefore escape liability under Regulation 15.

Name - changing can facilitate escaping liability, so that e.g. if you are liable to someone for $ 20,000 and you change your name, you may be able to evade that liability.

The loophole, known as the «presentment requirement» could permit subcontractors to escape liability if they were not the party who formally «presented» their claim to the government for payment.

The park may have the strongest cages and a slew of safety devices installed, but if one animal somehow escapes and attacks you, the park is held under strict liability for your injuries.

The defendant was a wrongdoer, it is true, and should not be allowed to escape liability altogether, but he should not be liable for more than the damage which he caused and, since this is a case in which science can deal only in probabilities, the law should accept that position and attribute liability according to probabilities.

The Court of Appeal found that Precision would have had a reasonable expectation that it would be covered for any liability for damage to neighbouring properties from fire, but it could have no reasonable expectation that it would be covered for the escape of chemicals from its premises.

In short, sometimes car insurance companies will simply try to escape their liability to pay claims for uninsured motorist insurance.