Sentences with phrase «liability theories for»

It's prudent for courts and congress to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude.

The court explained that the state where the accident arose does not use a strict liability theory for product liability cases, so a plaintiff must proceed under an implied warranty or negligence theory.

A manufacturer can be held liable under a products liability theory for any of the following actions / inactions: negligently designing the product, negligently manufacturing the product, failing to warn of the products dangers, breaching a warranty or misrepresenting (either fraudulently or innocently) the product.

Not exact matches

A separate panel looks at liability when things do go wrong, Eric Hibbard, CTO for security and privacy at the Federal Trade Commission, will examine emerging theories of liability for manufacturers and vendors when a hacked device turns fatal.

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Continuing a trend of expanding the «group» theory of liability, the Northern District of California's recent ruling in Sand v. Biotechnology Value Fund, L.P. may have far - reaching ramifications for managers of multiple funds.

Under the Sand Court's theory of group liability, each of the group funds would be subject to the Section 16 reporting requirements if the group collectively owned 10 % or more of the security, even if an individual group fund owned less than 10 %, and each group fund could also be directly liable for any Section 16 violations.

In no event will Freddie Mac be liable for any damages arising out of or related to the data, including, but not limited to direct, indirect, incidental, special, consequential, or punitive damages, whether under a contract, tort, or any other theory of liability, even if Freddie Mac is aware of the possibility of such damages.

The weakness of that theory was apparent to me from the beginning, as were the ramifications of its unlikely success — an explosion of liability for every internet service provider in America.»

In theory an LLC (Limited Liability Company) offers a level of protection for the owner if being sued.

Finding that Hill was simply a user of the transportation services of a for - hire motor carrier, the court held there was no basis for finding liability under a non-delegable duty theory.

Latin for «knowingly,» the theory behind scienter reflects common law strict liability claims, as well as the one bite rule.

This theory addresses what a manufacturer's liability is for older versions of its products, when there have been more recent developments in safety.

This is partly owing to the continued globalisation of commerce, as well as the increasing enthusiasm of some prosecutors to use expansive theories of corporate criminal liability to extract exorbitant penalties against corporations as a deterrent, and public pressure to hold individuals accountable for the misconduct.

If you are bitten, knocked down, tripped, mauled, or pushed down, you may be able to recover compensation for your injuries under different theories of liability:

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

The second two could give rise to liability for you or your company, with the third theory being the primary risk of personal liability.

Furthermore, unlike the legal theory of strict liability, plaintiffs can collect compensation for injuries other than dog bites.

Alternatively, if strict liability does not apply, a dog owner may still be responsible for the acts of his or her animals under the legal theory of negligence.

Premises liability is a legal theory that states that property owners — or managers, operators, or tenants — may be responsible for ensuring the safety of their guests.

735 ILCS 5/13-213 (c): Alteration, modification or change No product liability action based on any theory or doctrine to recover for injury or damage claimed to have resulted from an alteration, modification, or change of the product unit after the date of first sale, lease, or delivery of possession of the product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and, in any event, within 10 years from the date the alteration, modification, or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.

«Respondeat superior» is a vicarious liability theory that makes an employer liable for certain torts of their employees.

Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process.

There are three main theories to support liability for defective products.

When suing an employer for the conduct of their employee, the Perrysburg nursing home abuse lawyer has to use the theory of respondeat superior or vicarious liability.

But, here, two of the Second Circuit's active judges ruled against Marblegate, the dissent was by a senior judge who can not vote on an en banc petition, and the Second Circuit has historically granted fewer en banc rehearings than any other circuit court.5 Other avenues could include Marblegate filing a petition for a writ of certiorari with the US Supreme Court and / or pursuing other federal or state law remedies, including state law theories of successor liability or fraudulent conveyance against the new EDMC subsidiary, theories that the Second Circuit noted as potential causes of action but did not analyze.

Allstate denies Araujo third - party coverage and brings two motions for summary judgment: one to dismiss Fernandes» claim as against Almeida (based on a theory of vicarious liability), the other to dismiss Araujo's claim on the ground she was not entitled to coverage (as she drove the ATV without a proper licence).

Although there are various theories of liability for personal injury, many personal injury claims occur because someone has been careless (or «negligent»).

Social host liability is the theory that the host of a party on private property, where alcohol is served, could be liable for injuries caused or suffered by a guest who leaves the part intoxicated.

First, she argued it was a mistake for the lower court to grant summary judgment on her premises liability theory, since a gun was brought to a place where guests were imbibing alcohol.

The theory of strict liability holds your employer responsible for any damages resulting from their acts.

In allowing Mr. Courtney's appeal, the Court of Appeal re-affirmed that it is improper for a trial judge to decide a case based on a cause of action or theory of liability that is neither pleaded nor argued.

A legal theory known as «vicarious liability» is what typically makes employers responsible for accidents their employees cause.

Act 2, including: changes to Wisconsin's product liability laws; adding Daubert standards for cases tried in Wisconsin involving expert opinion and evidence; eliminating the controversial «risk contribution» theory created by the Wisconsin Supreme Court in the 2005 Thomas v. Mallett decision; placing caps on punitive damages; and reducing frivolous lawsuits by holding parties liable for costs and fees for filing frivolous claims.

This theory places liability on the hospital for its acts as a corporation and includes the hiring and retaining of employees and agents, supervising the work of employees and agents, denying medical services and maintaining medical equipment.

This is significant because then you can become liable for injuries to kids and adults on your property under the legal theory of premises liability.

Mr. Tucci provided an overview of the False Claims Act (FCA) and the various theories of liability that have advanced under the law, including the «implied certification» theory whereby each entity that submits a claim for payment to the government (such as through Medicaid) is deemed to implicitly certify compliance with the statutes, regulations, and contract terms applicable to the subject matter of the claim.

It is not uncommon for plaintiffs to pursue theories of negligence and products liability in their lawsuits.

The suit seems to rely in part on the legal theory of premises liability, in which the owner or manager of real property has a duty to maintain reasonably safe premises for guests, and to warn guests of known hazards.

The legal theory of premises liability holds property owners liable for any accident or injury which occurs on the property.

If there are multiple defendants responsible for an accident, they may each be held liable for the full sum of the plaintiff's damages under a theory of «joint and several liability.»

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In some states, a company or person who designs, manufactures, inspects, distributes, or installs an item can be held responsible for a defective product under the theory of strict liability.

Resources Mentioned: Drive by Daniel Pink ABA Rules of Professional Conduct Rules 1.1 - 1.5 The Lean Startup by Eric Ries Toward an Anthropological Theory of Value by David Graeber Billie Tarascio - The Lawyerist Podcast interview Oregon State Bar PLF (Professional Liability Fund) Kaizan John's webinar Contact Information Twitter: https://twitter.com/jegrant3 www.agileattorney.com Thank you for listening!

Ohio Supreme Court Rejects Cumulative - Exposure Theory for Asbestos Claims - Product Liability Update

Lister v Romford Ice & Cold Storage Co Ltd [1957] AC 555, [1957] 1 All ER 125, HL is the well - known old case showing that there can (at least in theory) be an action by the employer for negligence by the employee leading to damage to the employer's property or liability on the employer in damages to a third party.

To a foreign investor affected by such judicial measures, it is not always clear, however, what judicial measures (especially in countries like India with one of the most activist Supreme Courts in the world) can be subject to a claim under investment treaty law; which theory of liability is appropriate for a state's liability arising out of judiciary's conduct (or omissions); and which policy issues these different theories of liability raise.