Sentences with phrase «negligence claims did»

Here, the plaintiff's negligence claims didn't fall within the waiver because they didn't involve the condition or use of property.

The reason for this was because medical malpractice claims have damage caps in the state of Michigan, while negligence claims do not.

Not exact matches

I / WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHEclaims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHEclaims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHECLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHECLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

By participating in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Yoga with Kassandra from any and all claims or causes of action, known or unknown, arising out of Yoga with Kassandra's negligence.

You know and we know that you're a responsible person and you're not likely to create a liability claim, but if you do cause property damage or bodily injury through your negligence, the coverage not only pays the claim, but it also pays for a defense against the claim.

Just because a negligence claim against you has merit doesn't mean that it should cost you your 401 (k).

When you do decide to file a claim, your insurance company will likely claim that your negligence led to further damage and deny coverage.

It doesn't require finding of fault or negligence, and it's designed to make small injuries suffered by guests get resolved quickly and efficiently without worries about a liability claim or a lawsuit.

If Tammy had realized that she did need renters insurance, her insurance company would have defended her against the many claims and lawsuits that arose from the fire caused by her negligence, at no cost to her.

RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.

Robins said that more must be done to halt the rise in negligence claims, adding that «If it is because lawyers are chasing ever higher fees, then we need to consider restrictions.»

Did you know that there are fixed time limits in place when it comes to making a Medical Negligence claim?

Additionally, the SJC rejected Otis» arguments that judicial estoppel should not be applied because: (1) Otis is bringing the present suit as an assignee of Cusick and is therefore presenting Cusick's claims, not his own; (2) Otis himself did not make inconsistent statement under oath concerning his comparative negligence; and (3) the SJC previously rejected use of judicial estoppel in cases of assignment of legal malpractice claims.

As one of the only dedicated medical negligence and major injury law firms in the UK, they have built up a reputation of delivering dedicated service, and, as they do not handle other types of claims, they are 100 % focused on you, and your needs.

The case led to a nine - day trial, at which the defendant hospital denied that the plaintiff suffered from CRPS, and it claimed that if he did it was not a result of their negligence but instead caused by the procedures he later underwent to deal with his arm pain.

The Remaining State Jurisdictions and The District of Columbia Do Not Adhere to Damage Caps in Medical Negligence Tort Claims

Alternatively, if you were meant to benefit under a will but, due to a failing by the professional preparing the will, you did not, you may be able to make a professional negligence claim against the professional adviser.

Note the points above, do a little research and get into the habit of encryption and destruction of sensitive information and you will never be set upon with a scrum of reporters or a blizzard of statements of claim for negligence.

But in her statement of claim, filed in May 2011, she said that it wasn't until October or November of 2010 that she could «fully appreciate the nature and extent of the defendant's negligence and the damage done to her,» due to the precariousness of her mental and emotional state.

's a city or county involved, the injured person needs to have proof that sovereign immunity does not apply to their claim and that they have met their filing deadlines, because they can expect immunity to be one of the first responses to their demand for damages from the county or city whose negligence caused their harm.

In other words, when it's a city or county involved, the injured person needs to have proof that sovereign immunity does not apply to their claim and that they have met their filing deadlines, because they can expect immunity to be one of the first responses to their demand for damages from the county or city whose negligence caused their harm.

Through a negligence claim, we will seek to prove that the manufacturer, seller, or other at - fault party did not act responsibly toward consumers.

In doing so the majority provided the following reasons on the «but for» test of causation in negligence claims:

These cases may involve child custody issues, claims of wrong - doing, negligence, spousal relocation issues and Department of Child Services issues.

But when defending a negligence claim where clients seek to hold lawyers accountable for the unfavourable results of their own business or strategic decisions, LAwPRO's defence counsel don't hesitate to draw the line.

For claims based on defective vessels or other boating equipment, you do not need to demonstrate negligence.

Finally, section 1717 was no salvation to developer, given that developer's negligence claim was not «on the contract,» reinforcing that section 1717 does not «reform» a fees clause breadth but only makes a unilateral clause reciprocal in nature.

A failure to do this may result in a negligence claim.

If your physician prescribed an experimental drug treatment and did not inform you that the treatment was experimental, it may warrant a legal claim for doctor negligence or malpractice.

Because North Carolina is a contributory negligence state, meaning if you contribute only one percent to the accident and the other person is 99 percent responsible, your whole claim could be barred if you do not possess a motorcycle endorsement while involved in an accident.

The essence of the claim is that the adverse impact of making clinical negligence claimants pay their own success fee was not fully investigated and nor did the government fully assess the adverse impact upon this band of litigants.

Do you have questions about a possible medical malpractice claim due to negligence in the operating room?

Do you have questions about a possible medical malpractice claim resulting from medical negligence during surgery?

If the lender's lawyer is not aware of or does not alert a lender client to the existence of this exception, and highlight the potential for a denial of coverage if the mortgage proceeds are paid to parties other than those permitted in the exception, the lender's only likely recourse will be a negligence claim against the lender's lawyer in the event the lender's title insurance claim is denied.

So this is not a garden variety negligence case of legal malpractice where the lawyer blew the statute of limitations or missed a key court date; this attorney knew his strategy did not have the «99 % chance» of success he claimed to his clients, yet he pursued it exclusively and his clients relied entirely upon his advice.

Professional negligence dispute moves to mediation after bank claims firm did not exercise «care, skill and diligence»

On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities claims for breach of fiduciary duty and gross negligence.

«Very real obstacles» faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.

Master Simons found, initially on provisional assessment and maintained at detailed assessment, that the ATE premium bore no reasonable relationship with this claim, which did not ever have a value in excess of # 5,000; this was a low value routine clinical negligence claim on which proceedings were issued due to limitation, rather than the complexity of the claim, and the ATE policy was inappropriate for this claim.

We know this is hardly the time you want to think about proving your claim, so we do our utmost to determine negligence and vigorously pursue recovery of damages on your behalf.

If you have been injured by another person's negligence, and you want to do everything you can to ensure that your personal injury claim prevails, you'll need to be represented by a successful and experienced Texas personal injury attorney.

Justice Lederman commented at paragraph 40 that «The course of Dr. Harvey's conduct, beginning with lies, and leading ultimately to the falsification of evidence, was done for the purpose of hiding his alleged negligence and also for the purpose of creating doubt in the plaintiffs» minds about the wisdom of bringing a claim.»

The plaintiff argued that the IPLA, which only applies to goods, did not subsume the negligence claim because the agreement between Quik Cut and Cintas primarily involved a service, not a good.

The appeals panel also ruled that Adwent's claim that the trial judge should have instructed the jury on contributory negligence also did not hold up because there was no reason to think doing so would have had any impact on the jury.

Our birth injury medical negligence specialists can provide you with the expert advice needed to determine whether you have a birth injury negligence claim or not and offer guidance on what you should do next.

When a person is bitten by a dog and sustains a bodily injury that does not reach the level of «serious» according to the terms of the statute, he or she may still be eligible to collect compensation by filing a standard negligence claim.

Furthermore, the practice argued that the negligence per se claim could not stand because the statutes at issue that were violated are not intended to prevent the type of harm incurred by the plaintiff, and, separately, the professional negligence claim could not stand because the conduct at issue did not involve the exercise of professional judgment or skill.

They claimed that he could respond with premises liability or negligent activity and that even though his petition didn't specify his precise theory of negligence, the issue was solely a premises liability dispute.

Unfortunately, we may not have achieved the desired outcome in every file, but on balance, we have done our best to «ring fence» the standard of care for lawyers and develop useful legal «tools» for resolving solicitor negligence claims.

Even if the firm breached the Rules of Professional Conduct, such breaches, if any, do not give rise to proximity that would support a negligence claim, where no proximity exists.