Sentences with phrase «in a negligence action»

It is essential in a negligence action that a plaintiff put before the court appropriate evidence that will help the trial judge determine whether the elements of negligence have been proven.

The court found that the doctrine can be used in all negligence actions, including negligent misrepresentation allegations such as the Buyers made here.

People or entities other than owners or «keepers» can be held liable in a negligence action for a dog attack.

The negligence of a driver involved in a vehicle accident that results in injury to and resultant death of a fetus, for example, may be held liable in a negligence action for the death of the fetus.

Furthermore, even if the Court was wrong about the negligence issue, the plaintiff in the negligence action failed to demonstrate that there was a genuine issue for trial on the issue of damages caused by the firm's alleged negligence.

A couple of weeks ago, the Ontario Reports published Justice Grace's decision on a summary judgment motion in a negligence action against police in Roe v. Leone et al., 2012 ONSC 6237, to little fanfare.

This blog provides commentary on Virginia laws and recent legal news while also informing readers of various aspects of law such as causes of motor vehicle injuries and defenses in negligence actions.

Indiana Courts addressed the question of whether lack of a license is admissible in a negligence action many years ago but the precedent still holds true today.

I believe that what I've written below is a good enough summary, for now, of what practitioners in Canada's common law jurisdictions need to know about the effect of Clements v Clements, 2012 SCC 32 on the manner in which causation is to be proved in negligence actions.

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.

Robin defends professionals in negligence actions and advocates on behalf of corporate clients, insurance companies and municipalities.

Then, in Veakins v Kier Islington Ltd [2010] IRLR 132, [2009] All ER (D) 34 (Dec) Waller LJ considered the interaction of this cause of action with claims for personal injury caused by stress at work, observing that: «Since Hatton v Sutherland, it has become more difficult for an employee to succeed in the negligence action based on stress at work.

Respondeat Superior: Under this theory, an employer may be liable to a victim in a negligence action when their employee commits a negligent act while acting within the «course and scope» of their employment.

They also argued that the Respondent's unrecovered legal costs did not constitute damage in a negligence action.

The SCC was, and is, correct in stating that if the ABCA's view was correct, the Athey material contribution test, as the ABCA understood it, had become the default test for proof of factual causation on the balance of probability in negligence actions.

Staff are hesitant about giving any form of evidence — partly as they are busy people, partly as they deal with hundreds of individuals and recollections may therefore be foggy, but to an extent no doubt from a fear of being somehow implicated in a negligence action against them or the hospital if they were seen to have treated a patient improperly or without informed consent.

Concluding that its first - impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties.

In a negligence action following the plaintiff's collision with an ambulance, the volunteer driver's company was an instrumentality of the state and, thus, exempt from liability arising from its contract with Frederick County.

[16] As a general rule, a plaintiff in a negligence action can not succeed unless he shows as a matter of fact he would not have suffered the loss «but for» the defendant's negligent act.

However, this should not be read as ousting the «but for» test for causation in negligence actions.

When truck accidents are caused by the negligence of a truck driver or the negligence of a truck driver's employer, the driver and / or the driver's employer may be found liable in a negligence action for a victim's resulting injuries or death.

If a school - bus maintenance company's negligent maintenance is found to have been a cause of a school - bus accident resulting in your child's injuries, the maintenance company may also be held liable in a negligence action for the damages associated with those injuries.

Norminton v. B & B Electronics Ltd., 2009 ABQB 18, [2009] AWLD 1061 In this negligence action, I represented the plaintiff at trial before the Alberta Court of Queen's Bench.

Under Georgia law, a plaintiff in a negligence action must establish, by a preponderance of the evidence, the basic elements of negligence, which are duty, breach of duty, causation, and damages.

In negligence actions, you usually are required to prove that the owner of the dog failed to use reasonable care to control or restrain their dog and that this failure was the reason the dog bit you or caused other injuries.

The applicants had a homeowner's insurance policy with Unifund Assurance Co. and requested that the insurer defend them in the negligence action.

These articles may help to clarify, for some readers, some of the murkiness in the current state of Canadian common law case - law governing proof of factual causation in negligence actions.

This is only proper so that the solicitor can fully defend himself in the negligence action.

As a result of the failure to put the insurer on notice, the agent was denied insurance coverage in defending herself in the negligence action and was personally responsible for her legal fees.