Sentences with phrase «liability theory»

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.

The plaintiff sued the church under a premises liability theory.

We do not stop at a single liable party, but rather explore all of the potential liability theories to uncover each potential liable party.

Finally there is the strict liability theory where upon showing a dangerous result, the manufacturer is held accountable without the necessity of showing further proof of wrongdoing.

Product liability is a strict liability theory that does not require proof of negligent conduct but relates directly to product defect.

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.

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.

Also, even if PacifiCare did share joint liability for mother's health care (which it did not), the fees claims under the «tort of another» doctrine failed because the doctrine only applies when the party seeking fees bears no fault, which could not occur under PacifiCare's joint liability theory.

The webinar covered lender liability theories, good practices in loan origination, revenue projections, representations made by loan originators, communication with third - party vendors of the borrower, interval e-mails critiquing the viability of the loan, avoiding conflicting information provided to the borrower, loan modification negotiations, and proactive steps when notified of a potential claim.

Also, ways in which plaintiffs tie employers, individuals, and other actors into indirect liability theory include evidence of supervision, hiring, and other things.

The court also surveyed other jurisdictions across the United States, noting that the states are split on whether to apply the fireman's rule to cases other than those brought under a premises liability theory.

Claims against NECC may rely on a strict products liability theory, alleging that the contaminated drugs contained a manufacturing defect.

These claims are usually based on a strict liability theory.

A: There is a possibility of combining social - based or emotionally based torts with more traditional product liability theory — something that creators might want to keep an eye on.

New Mexico follows the liability theory of pure comparative fault.

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

The defendants argued that to recover damages based on a premises liability theory, the victim needed to prove they had actual or constructive knowledge of the property condition that presented an unreasonable risk of injury.

Earlier this month, an appellate court determined that a woman who injured herself while on a government - owned playground was not entitled to compensation under a premises liability theory.

If a product that is designed, sold, manufactured, or distributed by a company is unsafe, a person injured by such product can bring a damages lawsuit against the manufacturer under a product liability theory.

When you are involved in a situation outside of a straightforward dog bite, you can try to recover compensation under the strict liability theory.

California victims may pursue one of three strict liability theories:

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.

Such actions are generally brought under a strict liability theory, which requires no showing of negligence on the part of a manufacturer or distributor.

Following Brooks v. Beech Aircraft Corp., New Mexico product liability claims can be brought using a strict liability theory.

According to the court, New Mexico law allows punitive damages to be awarded based upon both a direct and vicarious liability theory.

Buckler and Nagy sued the Copper Penny on a premises liability theory, alleging that the bar lacked proper security.