Sentences with phrase «law of negligence»

Although product liability claims may be appropriate in certain instances, we are confident that the common law of negligence claims will evolve with the technology.

The judge accepted his submissions refused to extend the English law of negligence in this area (in contrast to the approach of the Canadian Supreme Court, relied upon by the claimant).

In these cases, the laws in the State of Indiana protect the innocent victims of auto accidents by allowing them a method of recovery under the Indiana law of negligence.

While thousands of golf enthusiasts flock every year to the sport's Scottish spiritual home, St. Andrews, tort litigators are more interested in a small town about 150 kilometres west of there that a retired British Columbia judge has dubbed the «birthplace of the modern law of negligence.»

She reminded readers that the civil law of negligence does not require scientific (i.e. 95 %) proof of causation:

The proposition that there is a Caparo test which applies to all claims in the modern law of negligence, and that in consequence the court will only impose a duty of care where it considers it fair, just and reasonable to do so on the particular facts, is mistaken.

Finally, fundamental fairness, coupled with the principles of the law of negligence and adequate supervision of students in Australia, dictate that educators treat all students fairly and equitably by providing them with safe and orderly learning environments.

a personal injury claim for breach of the employer's common law duty of care (mainly under the law of negligence);

As with all auto accidents, insurance companies and courts look to the law of negligence to determine who should pay for any resulting injuries or property damage.

The laws of negligence state that both the pedestrian and the driver are expected to use common sense and a level of care when following certain traffic rules (yielding when turning right on red or only crossing within a crosswalk).

Nearly all personal injury lawsuits are founded on the law of negligence.

Section 2 (1) requires the duty of care to be one that is owed under the law of negligence, common law or statutory.

Most personal injury claims are based on the law of negligence.

Insurance companies and courts alike determine who should be responsible — or liable — for an accident by applying the law of negligence to the facts of each case.

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

To find out more about the law of negligence and to speak to an experienced and dedicated Indiana personal injury attorney, click here or call 888-532-7766.

The law of negligence controls nearly all auto accident cases.

That's when motor vehicle accident injury victims or the families of those who died in an accident might be eligible for compensation from the ITD under the law of negligence.

In its most basic form, the law of negligence allows for a victim to recover damages from the person who caused the injuries.

The way the law handles these cases is through what is called the law of negligence.

Maryland does not have a law that creates civil penalties for dog bites, so litigation for this type of personal injury is handled under Maryland's common law of negligence.

To find out more about the laws of negligence in New Mexico, and to further discuss the facts of your case, contact the Fine Law Firm at 505 -889-FINE, or online.

In the law of negligence, proper attention to the road is called the duty to «look out.»

The law of negligence, as it is applied in Indiana courts, acts to compensate the victims of accidents caused by another's lack of care.

While the law of negligence applies in many day - to - day situations, it is very commonly applied in the context of a traffic accidents.

The court held that a local authority did not, for the purposes of the law of negligence, owe a «duty of care» to two vulnerable adults to take steps to prevent them from suffering abuse in the community in which they lived.

Supreme Court Justice Lord Sumption has criticised the law of negligence and highlighted the benefits of «no - fault» personal injury, in a speech that is likely to provoke controversy.

Further, it was argued that the trial Justice committed an error of law by misapprehending the principles of the law of negligence.

A person seeking damages for injuries suffered in a premises liability case almost always pleads the law of negligence.

To find out more about the laws of negligence in Indiana, contact a dedicated Indiana personal injury attorney.

To find out more about the law of negligence, and to see if your case may make you eligible for a cash award, speak to an Indiana personal injury attorney.

The laws of negligence are not always as straightforward as they may seem, and if you have recently been involved in an accident, the best thing to do is to contact an Indiana personal injury law firm to discuss the facts of your specific case.

When it comes to an injury case, the laws of negligence often decide who was involved.

This is part one in and will focus on an introduction to the law of negligence.

This means that the law of negligence governs Texas motorcycle and Texas motor vehicle accidents.

To find out more about the laws of negligence in New Mexico, contact the Fine Law Firm today.

In some instances, the law of negligence also covers a person's failure to act.

The law of Negligence requires that a person acts in a manner that conforms to a certain standard of conduct.

The Court wrote, at para. 32: «to allow the defendants to each escape liability by pointing the finger at one another would have been at odds with the fairness, deterrence, and corrective justice objectives of the law of negligence.»

Lucy Wyles reports on three cases which revisit the fundamental principles of the law of negligence

As with so much else in the law of negligence this is all a matter of degree but the Court of Appeal has recently re-affirmed the nature of the employer's duty: Ammah v Kuehne & Nagel Logistics Ltd [2009] EWCA Civ 11, [2009] All ER (D) 155 (Jan).

The Court also wrote at para. 37, that corrective justice is the «anchor» of the law of negligence.