Sentences with phrase «liability standard»

The court noted that a breach of this nature was subject to a strict liability standard which required that the insured to establish that she took all reasonable steps to avoid the particular event.

As such, they are held to a heightened liability standard.

Moreover, removing the absolute liability standard would still allow workers to sue bad or negligent contractors, and it would reduce costs for everyone.

As this process becomes more common, it has arguably raised the bar for liability standards, thus making it even more common.

The minimum liability standards are often inadequate to protect your personal finances in the event of an accident.

If a child's car seat is defective in terms of its manufacturing rather than its design, the car seat manufacturer will be held to a strict liability standard.

Maritime law observes a strict liability standard with regards to product liability claims and even provides causes of action for wrongful death that are available to non-seamen injured on the high seas.

In 2012, the Maryland Court of Appeals ruled that «pit bulls» are «inherently dangerous» and imposed a new strict liability standard on landlords who knew or had reason to know that a tenant has a pit bull on the premises.

Railroad companies and commuter rail lines, including the MBTA and the MBCR, are considered common carriers and as such they are held to heightened liability standards by the Federal and state government.

The Federal Department of Labor issued draft regulations in November of 2015 exempting states from the requirements of ERISA, the 1974 federal law that established liability standards and protections for private sector workers» voluntary retirement plans.

Central problems of stem cell tourism include the lack of patient protection, U.S. liability standards, regulation of clinical sites and clinician licensing, the authors said.

Even if they could do so, with zero fraud liability a standard feature on US cards for many years I doubt any bank would want to be the first mover on the change and get beaten up badly in the court of public opinion over the change.

Private zoos are subject to strict liability standards when it comes to wild animals.

«Instead, I propose that an iterative liability standard be adopted.

When blasting results in direct damages or injuries, meaning injuries caused by debris, explosives, etc., a strict liability standard applies.

The report's authors examine whether rules applicable to other automated areas, such as aviation, can be applied, but reason that: «it is not possible to apply the liability rules from other automated areas to automated driving», and that international liability standards with clear rules are needed.

Ontario case law describes this type of liability standard as «strict liability.»

There is one exception to the strict liability standard imposed by the DOLA.

Modified comparative fault, along with many other liability standards, allows personal injury victims to sue multiple parties believed to be at fault, which can ultimately help them cast a wider net.

A bill in Congress introduced by Rep. John Faso, R - Kinderhook, would address this by changing the absolute liability standard, which mandates that employers are on the hook for injuries, regardless of worker negligence, by allowing projects receiving federal funds to be exempt.

Consider the minimum liability standard for auto insurance in Kansas: the 25/50/10, or $ 25,000 per person for bodily injury, $ 50,000 per accident for bodily injury, and $ 10,000 per accident for property damage.

While the best interest contract exemption (the BIC, or BICE) would allow advisors to continue to sell traditionally commission - based products, such as variable and equity indexed annuities, it also exposes the insurance carrier to a heightened liability standard.

Not only did justices of the peace have to interpret and apply the new strict liability standard that is unique to regulatory offences, they frequently had to do so without the assistance of counsel and without all of the evidence that might be available.

«It would be irresponsible to permit shale fracking anywhere in New York without comprehensive public health protections or liability standards,» Hang said.

On the other hand, if you were injured because of a manufacturing defect in your ATV, a strict liability standard may apply.

This is where the liability standard of

Courts will apply the strict liability standard to toxic tort cases if they feel the polluter was partaking in something abnormally dangerous.

This is where the liability standard of modified comparative negligence comes into play.

If a manufacturer puts a defective brake pad or other component into the stream of commerce, it can be held responsible in Maine under a strict liability standard.

When it comes to the use of cloud computing, the Rules of Professional Conduct do not impose a strict liability standard.

Therefore, a strict liability standard is more applicable because it imposes constructive knowledge of the item on the manufacturer.

The strict liability standard that is in force requires the injured worker to prove there was an unsafe elevation device.

First, additional consideration should be given to laying out liability standards.

Clearly stating what the liability standards should provide lenders and other market participants some additional security that relatively minor issues will not invoke private rights of action and potential draconian penalties.