Sentences with phrase «in a negligence action for»

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.

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.

Not exact matches

Under no circumstances will Sapphire Ventures or its affiliates be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the website, regardless of whether Sapphire Ventures or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, negligence or otherwise.

In no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the serviceIn no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the servicein an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the servicein connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

However, in no event shall Kontos Foods» total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.

Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.

They also claim common law causes of action, including for the torts of misfeasance in public office, deceit, assault (trespass to the person) and negligence.

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 NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

Smarketing will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use of this website or information.

Toddler Times Publications for Young Children, Inc. dba Independent Press Award will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use of this website or information.

Westchester Towers Apartment Homes renters insurance is required of everyone who lives in the community, because it's a great way to make sure that everyone is able to be accountable for their actions and that no one harms anyone else irreparably through their own negligence.

Broadly speaking, renters insurance liability coverage protects you from subrogation actions for damage due to your negligence, even if the lease you signed explicitly gives you responsibility for the costs of those damages, such as in the Pekin case above.

If demonstrated and thorough action to stop the deceptive trade practices has not been taken by this Board within ninety days of receipt of this letter I will file a class action suit against the Texas State Board of Veterinary Medical Examiners on behalf of the people of Texas, for negligence in the execution of their responsibilities, and I will request a Court order to instruct the Board to perform their duties.

B.C.H.S. is not liable to you for any bodily injury, property damage, or loss whatsoever to you, other persons, your pets, or other person's pets, caused by the actions, behavior or health of the foster animals in your care, except if such injury, damage, or loss are caused by gross negligence or intentional misconduct by B.C.H.S. Returning Fosters: You agree to contact your Team Leader in the event you are no longer able or willing to provide foster care for your foster pet.

RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislationIn this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislationin the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislationin State sale of goods or fair trading legislation).

The information on this website is presented in good faith and on the basis that the Saint Lucia Tourist Board, nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in this website.

· For children under 3 years, parents need to complete a Disclaimer Statement releasing BlueWater Safaris and all its officers and / or employees, including agents, from negligence and any further legal action by any party in the event of an accident, prior to the trip.

The information on this website is presented in good faith and on the basis that Best On Travel Network, Inc., nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in this website.

You hereby irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Ubisoft Entertainment S.A., and each of its past, present and future divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, together with all of their respective past, present and future employees, officers, shareholders, directors and agents, and those who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Campaign (all for the purposes herein referred to as «Released Parties») FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS» FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND / OR USAGE, AND / OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND / OR USE, THE ASSASSIN»S CREED UNITY VIDEO GAME AND / OR THE ASSASSIN»S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND / OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWIfor the purposes herein referred to as «Released Parties») FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS» FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND / OR USAGE, AND / OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND / OR USE, THE ASSASSIN»S CREED UNITY VIDEO GAME AND / OR THE ASSASSIN»S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND / OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWIFOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS» FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND / OR USAGE, AND / OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND / OR USE, THE ASSASSIN»S CREED UNITY VIDEO GAME AND / OR THE ASSASSIN»S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND / OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

3.6 Save as set out in 3.5, in no event will WRAP be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site.

This has led to criminal and regulatory investigations by US and UK authorities as well as a litany of civil actions for, amongst other things, negligence claiming that Equifax ought to known that its systems were fragile after previous breaches and that it failed to take adequate or reasonable care in its data security arrangements.

Civil law grants to individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence.

For tort claims, such as claims in negligence, while the period is also six years, the period starts to run from the date when the «cause of action accrued».

Thus, when an adult in whose care a child has been entrusted knows or has reason to know of the dangers of varnish inhalation or skin contact with wet varnish and fails to take precautions against a child's inhalation of varnish fumes or contact with wet varnish, that adult may be found liable in an action in negligence for the child's resulting injuries.

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.

If you are riding your motorcycle on that road early the next morning and the motorcycle's wheels lose their grip on the road because of the unexpectedly oily surface in the turn, you may have a cause of action for negligence against the municipality and the construction company.

[37] But how was Ms Doerr's action against her paralegal advisor, (effectively for breach of contract and / or negligence in relation to execution of the paralegal's duties under the retainer relationship), an abuse of process?

A woman who claimed she missed the limitations deadline for launching a solicitor's negligence action because of the «mental and emotional distress» caused by the lawyer's representation of her in a family law dispute has had her claim dismissed.

Customer who slipped and fell in discount store stated cause of action for negligence against store manager.

December 14, 2005 918 So.2 d 357 2005 Customer who slipped and fell in discount store stated cause of action for negligence against store manager.

In order for the plaintiff to prevail in a medical malpractice action, the plaintiff must prove the physician departed from the standards of care for his or her practice, and there was a causal link between the negligence and the plaintiff's injurieIn order for the plaintiff to prevail in a medical malpractice action, the plaintiff must prove the physician departed from the standards of care for his or her practice, and there was a causal link between the negligence and the plaintiff's injuriein a medical malpractice action, the plaintiff must prove the physician departed from the standards of care for his or her practice, and there was a causal link between the negligence and the plaintiff's injuries.

Although it is not specified as «contributory negligence» in the Employment Rights Act, section 123 (6) of that Act allows the Employment Tribunal to reduce the amount of the compensatory award for someone who has been unfairly dismissed if that person's actions caused or contributed to the dismissal.

In fact, one of the plaintiffs in Attis took such steps by commencing an action (prior to the motion underlying the appeal) in negligence against plaintiffs» counsel for damages of $ 250,000 — a factor that was considered by the Court in allowing the appeaIn fact, one of the plaintiffs in Attis took such steps by commencing an action (prior to the motion underlying the appeal) in negligence against plaintiffs» counsel for damages of $ 250,000 — a factor that was considered by the Court in allowing the appeain Attis took such steps by commencing an action (prior to the motion underlying the appeal) in negligence against plaintiffs» counsel for damages of $ 250,000 — a factor that was considered by the Court in allowing the appeain negligence against plaintiffs» counsel for damages of $ 250,000 — a factor that was considered by the Court in allowing the appeain allowing the appeal.

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.

Under Canadian common law, in order to succeed in an action for negligence (including for a failure to warn), a plaintiff must establish the following five elements:

Under the negligence theory, a defendant is held liable for the results of actions, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others.

January 29, 2003 835 So.2 d 1251 2003 Store patron had no claim for spoliation of evidence against department store that was also defendant in patron's underlying negligence action.

While the woman was not listed in the negligence suit, she was charged with attempted murder, aggravated assault and related offenses for her actions.

In a claim for personal injury, medical negligence, professional negligence and other areas, a Claimant is required to comply with the Pre Action Protocol before they push on to issue Court proceedings.

If such negligence results in injury to the patient, a case could arise against a doctor if his or her actions deviated from generally accepted standards of practice; against a hospital for providing improper care protocols, including problems with medications, sanitation or nursing staff levels; or against local, state or federal agencies and entities that operate hospital facilities.

Whether your injuries occurred at work, on residential, commercial or government property, any negligence in the maintenance and care of the area is grounds for legal action.

«Negligence» should be understood in an untechnical way to denote failure to act with the competence reasonably expected or ordinary members of the profession, but an applicant for a wasted costs order had as high a burden as in an action for nNegligence» should be understood in an untechnical way to denote failure to act with the competence reasonably expected or ordinary members of the profession, but an applicant for a wasted costs order had as high a burden as in an action for negligencenegligence.

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.

They relied on the Law Commission's report Limitation of Actions (Law Com No 270) which recommended a uniform regime for personal injuries, whether the claim was made in negligence or trespass to the person.