Sentences with phrase «negligence giving rise to the claim»

In some cases, Courts have held that the Plaintiffs only «discovered» the negligence giving rise to a claim after retaining legal counsel or after legal counsel has obtained an expert opinion that a doctor's care is substandard.

Not exact matches

Operating a ride without a permit or a proper inspection also may give rise to a negligence claim when someone is injured by a ride.

«Many of the claims from the residents may be covered by insurance, however, there may have been serious failings by the management company, acting on behalf of the local authority, that may give rise to further liability in contract (to the tenants of the block) and in negligence.

The consultation also says that it wants to ensure that any lessons from adverse incidents that give rise to clinical negligence claims are fed back to the frontline as soon as possible, to maximise patient safety in the future.

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.

If this proves unsuccessful this certainly would not give rise to a medical negligence claim.

In cases against New Mexico public entities, it is significant that notice of the negligence or conduct giving rise to a claim must be given to the particular public entity within ninety days or, in the case of a wrongful death, within six months.

Any of the following injuries, among others, can give rise to a claim against a municipality: faulty maintenance, faulty design of roads, poorly maintained sidewalks, dangerous public parks, poor operation of city vehicles, and police brutality.If you or a loved one has been injured as a result of the negligence of any municipality, the attorneys at 1LAW are here to help.

The trustees» subsequent discovery of the unlawfulness of the transfers was treated by the judge — applying Bradstock Trustee Services Ltd v Nabarro Nathanson (a firm)[1995] 4 All ER 888 with the apparent assistance of a concession by the claimant's counsel — as the discovery that the facts which they already knew gave rise to a negligence claim and that, by virtue of LA 1980, s 14A (9), this is excluded from the definition of knowledge required for the occurrence of the starting date under LA 1980, s 14A.

The event's giving rise to Horgan's $ 6 million claim for negligence, malicious prosecution and abuse of process occurred in 1986 and 1987 when the Law Society investigated Horgan, issued a complaint in 1987, and withdrew the complaint in 1989.