Sentences with phrase «negligence as a matter of law»

This means «negligence as a matter of law,» and it may apply when a defendant violated a law that was meant to protect people like the victim from the type of harm that the victim suffered.

Strict liability is defined as negligence as a matter of law, the consequence of which is to remove the burden from the user of proving specific acts of negligence.

Not exact matches

Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which can not be excluded or limited under the law of the United Kingdom.

Civil law grants to individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence.

As one of the few firms in Ontario that take on such matters, the lawyers at Eisen Law LLP have the specialized knowledge and experience to assist you in pursuing a solicitor's negligence action.

The Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law.

As revealed in the Ministry of Justice (MoJ) green paper last November, the bill removes legal aid from most family law matters, education law, housing (except where there is a threat of homelessness), personal injury, clinical negligence, employment, immigration (except for detention cases) and social welfare law.

Anthony J. Scaffidi represents a wide variety of clients across numerous legal fields, including medical malpractice, personal injury, negligence, labor law, real estate, corporate, and commercial law, as well as other complex litigation and transactional matters, at both the trial and appellate court levels.

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

The civil litigation process provides a venue for deciding disputes involving torts (such as accidents, negligence, and libel or slander), contract disputes, probate of wills, trusts, property disputes, administrative law, commercial law, and any other private matters that involve private parties and organizations including government departments.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

Nothing in these Terms & Conditions shall operate to exclude liability that can not as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.

After graduating law school, Mr. Goetz joined the international law firm of Holland & Knight LLP where his practice focused on the defense of claims involving product liability, medical negligence, and general liability, as well as complex commercial litigation matters.

The appeals court found that state laws governing «contact sport» claims precluded a negligence claim, and that the defendant was not reckless as a matter of law.

Two of the defendants, the company and truck driver's employer, filed a motion for judgment as a matter of law, arguing that there had been insufficient evidence to find them liable for the traffic controller's negligence.

Recommended by Legal 500 and Chambers & Partners as a leading junior in Education law, Holly regularly advises on the full range of public and private education law matters, including special educational needs / disability discrimination, educational negligence, Academies, further and higher education issues, local authority policy matters, claims by and against state and independent school, regulatory matters, Ofsted and the OIA.

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).

He specialises in commercial litigation acting in a wide range of commercial disputes, shareholder and director disputes, fraud and professional negligence claims, as well as private client matters involving all aspects of family law for high net worth individuals.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.