Sentences with phrase «for general negligence»

As provided by New York Civil Practice Law and Rules § 214 (5), an action for general negligence resulting in personal injury must be filed within three years of the accident date.

These actions may involve claims for general negligence, failure to follow OSHA guidelines, manufacture or design of defective equipment, and unsafe premises.

Not exact matches

But trustees don't insure the gold for gross negligence; they leave that to the custodian, who secures limited general insurance coverage for the contents of the vaults.

Most businesses (whether incorporated or not) carry insurance to protect against damage claims for negligence, such as errors and omissions insurance and general liability coverage.

Poverty, crime, economic instability and just a general disregard for right and wrong all help create a climate for parental negligence and abuse.

The suit accuses the city and store of «negligence and carelessness» for «causing, permitting and / or allowing the pavement of the sidewalk to be and remain in an uneven, broken, depressed, unsafe, hazardous and dangerous condition without any warning to the general public» — a condition they likened to a «trap.»

The Weston A. Price Foundation parties will not be liable under any circumstances for any damages, including without limitation general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind, whether in an action in contract or negligence, arising or relating in any way to any party's use of or inability to use the content of this website or any third - party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Weston A. Price Foundation parties are advised of the possibility of such damages, losses or expenses.

In the public inquiry that followed, survivors argued that a slow response from emergency services, the inadequacy of UK fire regulations, and the general negligence of the British government were to blame for the extent of the tragedy.

And Yorgos Lanthimos» horror - inflected «The Killing of a Sacred Deer» finds a perfectly coiffed American suburban couple (Colin Farrell and Nicole Kidman) stricken with a terrible plight because of an act of negligence — an act that stands in as a symbol for their general upper - class complacency.

● The general, but not conclusive, test for causation is the «but for» test, which requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant.

The responses given to plaintiff's mother by the BHA had no definitiveness, were not fixed, and did not state what BHA was going to do about the lead paint, and do not specifically mention lead paint; therefore, the statements are only «general representations» under § 10 (j)(1) and can not give rise to liability for negligence.

[126] The «but for» test is the general test for factual causation: the plaintiff must prove on a balance of probabilities that but for the defendant's negligence, she would not have suffered her injuries.

His civil practice in representing injured persons over the years has included motor vehicle accidents of all types, injuries suffered due to unsafe property conditions at residences and businesses, medical malpractice, defective consumer products, construction and industrial accidents, injuries at work, sports and recreation related accidents, general negligence, and claims against insurance companies for bad faith and unfair claims practices.

The driver of the truck may be sued under the general theory of negligence for driving in a way that put the public at risk.

In general, an injury victim can not claim damages for injuries that they have aggravated through their own negligence.

As a result of breast augmentation negligence, you may be able to claim cosmetic surgery compensation for general damages as well as compensation to cover the cost of any care you require, medical and travel expenses and loss of earnings.

The court presents the jury with specific instructions and outlines the types of things that may be considered for general or specific damages, and the jury decides the exact amount based on the negligence of the parties.

For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.

For over a decade, Attorney Cranford has represented individuals who suffered serious injury as a result of medical malpractice or general negligence.

«The law of negligence is of general application — why should there be an exceptional and cumbersome statutory defence for doctors?

There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, exploitation, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation.

Successfully represented a general contractor in defense of counter claims for negligence, breach of contract, and fraudulent lien, leading to four - week trial.

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.

(1) The general, but not conclusive, test for proof of causation is the «but for» test, which requires a plaintiff to show that his or her injury would not have occurred but for the negligence of the defendant (paragraph 14).

Governmental immunity is a general rule that says, unless a law says otherwise, a person can't sue the government, its agencies, or employees, for injuries caused by negligence in doing government jobs.

For general information on negligence and how to proceed with an injury lawsuit, visit the Related Resources.

These lawsuits typically involve class actions, multidistrict litigation, and mass torts against corporations for their defective products, medications, or their general negligence.

The case involved allegations of negligence against a general practitioner for failing to refer a patient ultimately found to suffer from cryptococcal meningitis.

Just like general tort law, medical malpractice litigation spreads the costs of negligence to the party more at fault for the injury, and the party more likely to be able to pay.

In 2015, the Supreme Court ruled when a general contractor is approved by the state to administer workers» compensation benefits for all subcontractors on the project, injured workers lose the right to sue other subcontractors on the project for negligence.

Matt has extensive experience in clinical negligence disputes, acting for both claimants and defendants, across a wide range of claims, including general practice, gastroenterology, delayed cancer diagnosis, orthopaedics and dentistry.

Additionally, we represent and get results for clients in general negligence, business law and select criminal cases.

In general, there is a three - year statute of limitations on filing a lawsuit for negligence.

The motorist would likely be held to be liable because of making an improper turn under the California Vehicle Code or held liable for a bodily injury claim due to general negligence in failing to observe the cyclist prior to making the move to the right.

However, in general it is certainly possible, and indeed fairly common, for schools to be held accountable for negligence which causes injury to Ontario students.

General maritime claims include claims of Jones Act seamen and longshoremen against any responsible third party non-employers for negligence causing or contributing to injury or death.

The Pennsylvania Supreme Court granted allocatur limited to deciding «Whether, for purposes of determining professional negligence, a general practitioner who provides mental health treatment to a patient is held to the same higher duty as a specialist in psychiatry or psychology?»

In deciding that the plaintiff was both foreseeable and proximate to the defendants, Handrigan J. cited two other wills cases: Wilhelm v. Hickson and White v. Jones for the general principle that disappointed beneficiaries, even if unknown personally to a party who drafts a will, are sufficiently proximate to the will drafter to be able to succeed in negligence against the will drafter in certain circumstances (Wilhelm was a case about misidentification of the owner of property; White was about undue delay in execution).

A general duty of care in negligence to act for the safety of another was considered by the House of Lords in Hill v Chief Constable of West Yorkshire [1989] AC 53, [1988] 2 All ER 238, the case of the «Yorkshire Ripper».

But in general there are very few if any Canadian cases where a volunteer has been held liable for negligence in his / her voluntary activities, outside the domain of rescue.

Medical practice groups and associations may be held vicariously liable for the negligence of their physicians where the employer has the power of control or direction over the physician's general activities.

[14] The general, but not conclusive, test for causation is the «but for» test, which requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant: Horsley v. MacLaren, 1971 CanLII 24 (SCC), [1972] S.C.R. 441.

In May, he acted as independent prosecutor for Ontario in the case of criminal charges of dangerous driving and negligence against former attorney general Michael Bryant in the death of cyclist Darcy Allan Sheppard.

He noted that «[t] he liability for negligence... is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay».

Slatter J.A. noted, at para. 34, that the general test for causation in tort is that a plaintiff must generally establish on a balance of probabilities that the injury would not have occurred but for «the negligence of the defendant»: Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5 (CanLII) at para. 93; Resurfice Corp. v. Hanke, 2007 SCC 7 (CanLII) at paras. 21 — 22; Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 14; and Clements v. Clements, 2012 SCC 32 (CanLII) at paras. 6 — 8.

If someone is injured at your business as a result of your negligence, general liability coverage may help pay for their medical expenses.

They also need general liability insurance and professional liability insurance in case they are sued for negligence.

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