Sentences with phrase «liability for negligence»

Some districts also enjoy immunity from liability for negligence causing personal injury.

The plaintiff is seeking approximately $ 52 Million in damages under theories of civil liability for negligence, specifically, premises liability and negligent hiring / retention / training of security personnel.

It is now firmly established that parties must clearly state their intention to exclude liability for negligence under a contract.

However, the hospital must inform you that your doctor or specialist is not strictly an employee of the facility in order to avoid liability for negligence.

Personal injury law requires at - fault parties to accept liability for their negligence.

In any case, liability for negligence doesn't extend beyond discovery of defects that a real estate professional in the local area ordinarily would be expected to recognize and understand.

There is, however, nothing wrong with the criminal law attaching greater significance to more serious consequences; nor is there any concern arising from liability for negligence.

Although the police declined to press criminal charges against the truck driver, he still may face civil liability for negligence and wrongful death for his role in the crash.

In order to avoid liability for negligence, the property owner must fix all possible dangerous issues as soon as they are aware of them.

It is important to remember that pension scheme trustees can not exclude liability for negligence in relation to exercising their investment function (section 33, Pensions Act 1995).

A landlord can't escape liability for negligence just because tenants signan exculpatory clause in the rental agreement, the Colorado Court of Appeals has ruled.

A named insured is covered for claims that arise out of its vicarious liability for negligence committed by someone acting on its behalf.

A landlord can't escape liability for negligence just because tenants sign an exculpatory clause in the rental agreement, the Colorado Court of Appeals has ruled.

The plaintiff appealed the matter to the state's supreme court, and they found that the lower court correctly held that the plaintiff could not allege both vicarious liability and direct liability for negligence.

@KyleHunter The best you can do is have an indemnity agreement that also waives liability for negligence and disclaims all possible warranties, and buy product liability insurance, and don't do anything negligent when you design things by having good quality control.

Plaintiff alleged premises liability for negligence in failure to address a potentially dangerous condition on the property (i.e., lack of protective features around the rear of the cabana that abuts a curve around which drivers were known to speed).

To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim suffered actual damages as a result of the defendant's breach.

· Virginia Rule Affirmed Invalidating Agreement Entered into Pre-Injury Releasing a Tortfeasor From Liability for Negligence Resulting In Personal Injury

In a litigious society, we all are subject to liability for negligence claims where there is no insurance coverage, or the coverage is insufficient, such as from motor vehicle or other accidents or malpractice claims against professionals.

You generally can't disclaim liability for negligence: many jurisdictions consider that allowing people to act with no liability for their actions is not good public policy and so they put laws in place that limit such disclaimers.

Conducting background checks helps to protect firms» workers and customers and can shield companies from potential liability for negligence if a worker subsequently commits a crime.

Were the rule otherwise, a carrier could escape liability for the negligence of its independent contractors, thus reducing the incentive for careful supervision and depriving those who are injured of the financial responsibility of those to whom the privilege was granted.

The liability of defendant medical group was based upon its vicarious liability for the negligence and gross negligence of its employees.

In some areas of the law, however, the government does not enjoy complete immunity from civil liability for negligence, and this includes roadway maintenance.

Further, if you review your contract with the inspector you hired, it very likely limits the inspector's liability to a refund of the amount paid for the inspection, although in the absence of that waiver, the inspector could have liability for negligence in not detecting the problem prior to the sale.

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.

[BHA statements that do not specifically mention lead paint or exact measures that will be taken to eliminate lead paint are general representations for the purposes of G.L. c. 258, § 10 (j)(1) and can not give rise to liability for negligence.]

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Foley Hoag Parties» liability is limited to the greatest extent permitted by law.

In addition to liability for negligence, companies can be held strictly liable for injuries caused by their products.

Wrongful death cases ensure that individuals and companies do not escape liability for their negligence or wrongful actions just because they kill their victims.

This wouldn't bar a suit against a third - party contractor who made a defective product, but I suspect that their contracts contain a waiver of liability for negligence or defective products given that this is highly experimental technology.

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».

The civil liability for negligence is inadequate: it is usually covered by insurance or through the uninsured motorist provisions, and so does not carry with it any real deterrent effect.