Sentences with phrase «in breach of the duty of care»

The Claimant must show that the Defendant was in breach of the duty of care; an employer for instance may not have provided proper protective clothing, or there was bullying in the workplace that led to an employee suffering stress at work.

The focus of this case was Mrs Miller's knowledge of both the horse and the rider, when considering whether or not she was in breach of her duty of care when she allowed Miss Harris to ride this horse.

Mr. Walsh alleged that by miscalculating the floor area of the property by 20 % and publishing the incorrect calculation within its sales brochure, JLL acted in breach of a duty of care which it owed to him.

In a consultation published this week, «Manslaughter Guideline Consultation», the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission.

Recognising that this case was «fairly close to the borderline», as the employee's actions were not particularly helpful in themselves, their lordships nevertheless held that the employers were in breach of their duty of care.

Not exact matches

If they have a strong case that he had duty of care in regards to her, he breached that duty of care, and her injury is a direct and proximate cause, why not?

Failing to provide that duty of care would leave her in breach of the conditions of employment as laid out by the Football Medical Association, rendering her unable to do her job.

Generally, courts have found that the mere fact that a serious injury may occur to a student who is playing on play equipment or playing sport at school does not automatically result in a finding that the school has breached its duty of care.

Schools should have a policy in place to address issues with intervention orders and ensure that they do not inadvertently breach a duty of care owed to students, and, if there is no policy or plan, should consider implementing one.

In Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr) the court considered whether a child had breached a duty of care by running into a school lunchtime assistant supervisor, causing her serious injury.

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injurIn Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injurin a way that exposed the plaintiff to an unreasonable risk of injury.

A health care professional can breach his duty of care through either an act or an omission — in other words, he can be sued for something he did or something he didn't do.

Child neglect constitutes a breach of the duty of care owed to a child by someone in whose care the child has been entrusted.

In order to establish medical malpractice, the injured patient must demonstrate the following: i) the ophthalmologist owed a duty of care to the patient; ii) the ophthalmologist breached the duty of care owed to the patient by providing negligent or substandard care; and iii) the ophthalmologist's breach was a direct cause of the patient's injury.

For example, if a person is driving through a parking lot at a speed of over 20 miles per hour while talking on a cell phone, that person is most likely breaching the duty of care owed to other people in the parking lot.

In order to prove negligence on the part of a defendant, a plaintiff must show: (1) the defendant owed the victim a duty to exercise a certain level of care, (2) breach of that duty, (3) proximate cause, and (4) actual damages.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a resulIn order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a resulin question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

As a result of this broadening field of expertise, there is now considerable scope for professional liability in the event that an accountant's duty of care has been breached.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

However, these obligations were important in determining the scope of the State's duty of care and whether or not it had been breached:

To be guilty of the common law offence of gross negligence manslaughter, a company had to be in gross breach of a duty of care owed to the victim.

The duty of care owed in negligence is breached if the death is caused by the way in which activities are managed and organised or amount to a gross breach of a relevant duty of care (s 1 (1)-RRB-.

After it can be proven that there was a breach in the duty of care, the injured person must show they suffered injuries directly related to the breach.

Additionally, you must be able to prove that the owner breached that duty of care, and that the breach directly resulted in serious bodily injury.

Even assuming that H owed his client a duty of care, he discharged it by preparing the documentation in accordance with the instructions of the responsible corporate officer, ensuring that the transaction breached no statute in view of the plaintiff's impending bankruptcy, and ensuring that all signatories to the agreement understood it.

A jury will ask to hear testimony from other medical professionals who can speak to the duty of care and whether or not, in their expert opinion, the duty of care was breached.

Breach of the Duty of Care The second element that a plaintiff in a Denver personal injury case must prove is that the defendant breached the duty of care owed to the plaintDuty of Care The second element that a plaintiff in a Denver personal injury case must prove is that the defendant breached the duty of care owed to the plaintCare The second element that a plaintiff in a Denver personal injury case must prove is that the defendant breached the duty of care owed to the plaintduty of care owed to the plaintcare owed to the plaintiff.

In general, this means that the person responsible for the lot breached the duty of reasonable care owed to visitors.

Successfully obtained a plaintiff's jury verdict for a minority shareholder of a limited liability company providing care to developmentally - disabled adults in a case involving breach of fiduciary duty, fraud, and trade secret allegations

This remains the best text around to consider as a starting point when assessing whether there may have been a breach of duty in care in a particular field.

Failing to address these issues properly puts the expert in breach of duty to the court to help the court on matters within the expert's expertise, in breach of duty to the client to use reasonable skill and care in providing his / her services in writing a report, and in breach of a professional duty.

There are common ways in which a train company can breach its duty of care.

The appellate court upheld the finding that there was enough evidence to establish that Entergy was in breach of its duty of reasonable care for persons on its premises.

Under the concept of negligence, the owner may be in breach if he or she breached the duty of care and failed to prevent an attack by an animal likely to cause harm.

In order to determine if the driver was negligent, we must determine if that driver breached his duty of care.

Jumping from a bridge, knowing that you are likely to land in the middle of a busy freeway, breaches the duty of care pedestrians have when they are on the road.

The primary question in determining whether a child has breached his duty of care concerns whether the conduct of the child was culpable, namely whether it had fallen below the standard that should objectively be expected of a child of that age.

The law creates a tort by which an organization can be held liable for a death «if the way in which its activities are managed or organized» is a «gross breach of a relevant duty of care owed by the organization to the deceased.»

Now, a corporation is liable «if the way in which its activities are managed or organized by its senior management is a substantial element in the breach» of the duty of care.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVin the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVin Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVIN THE ECO ACTIVITIES REFERRED TO ABOVE.

Under Canadian tort law, a plaintiff has to prove five elements in order to establish negligence: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached the applicable standard of care; (3) that the plaintiff suffered damages; (4) that these damages were the result of the defendant's breach (causation); and (5) that the resulting damages are not too remote.

Personal injury attorneys are skilled at showing a duty of care existed in a certain situation, and that duty was breached.

«Neglect» refers to the legal concept of negligence, in which a party breaches a legal duty of care and causes an accident.

In other tragic cases, the obstetrician, anesthesiologist, nurse or other attending professional breached their duty of care and failed to act quickly when the baby was in distresIn other tragic cases, the obstetrician, anesthesiologist, nurse or other attending professional breached their duty of care and failed to act quickly when the baby was in distresin distress.

The plaintiff, known only as James C. Doe in court records, alleges the Archdiocese and Cardinal Francis George «breached the duties of reasonable care» when they allowed Daniel McCormack to become a priest in the first place.

Negligence Claims in New Mexico In New Mexico, to bring a negligence claim an individual must be able to establish that the wrongdoer owed him or her a standard duty of care, that the other driver breached that duty, and that the breach was the actual and proximate cause of the accident victim's injuries and damagein New Mexico In New Mexico, to bring a negligence claim an individual must be able to establish that the wrongdoer owed him or her a standard duty of care, that the other driver breached that duty, and that the breach was the actual and proximate cause of the accident victim's injuries and damageIn New Mexico, to bring a negligence claim an individual must be able to establish that the wrongdoer owed him or her a standard duty of care, that the other driver breached that duty, and that the breach was the actual and proximate cause of the accident victim's injuries and damages.

In both North and South Carolina, a plaintiff who is trying to prove negligence must establish the defendant's duty of care to the plaintiff, a breach of duty, a link from the breach to the plaintiff's injuries, and actual damages.

A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant's behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and... Continue reading →

While the judge acknowledged that the plaintiff was under a heightened duty of care because he was in breach of the law by riding his bicycle on the sidewalk, she failed to give effect to the heightened duty because she did not consider what care had been taken by the plaintiff when he saw the defendant's vehicle moving towards the exit from the gas station.