Sentences with phrase «negligent in»

Such actions are usually brought as strict liability claims, which allow a plaintiff to establish the defendants» liability without having to prove that any of the defendants was negligent in producing the defective vehicle or releasing it to the public.

In a recent case, Maple Ridge Community Management Ltd. v. PCC 231, the condominium corporation terminated its management contract, relying on a clause in the contract which allowed it to terminate if the manager was «insubordinate, reckless or grossly negligent in performing its duties.»

Was the defendant, David Seubert, M.D., negligent in his care and treatment of the minor plaintiff, Jeniah Gallego?

For personal injury lawsuits, you must be able to prove the party was negligent in their actions, which resulted in an injury.

Where a nursing home has been negligent in its duty of care towards a resident which results in an injurious or even fatal fall, a personal injury or wrongful death claim may be justified.

The jury ruled the doctors were negligent in their treatment of Barbara Hall when she was in labor with Danielle on March 26, 1985.

For starters, State Farm admitted that the uninsured motorist was negligent in causing the accident.

When can a swimming pool owner be considered negligent in the use or maintenance of a swimming pool?

If your roadwork auto accident was caused by another driver and he or she was negligent in some way, it would be the driver and his or her insurance company who would be responsible for compensating you.

Even if you think that you were also negligent in the accident or that you can not prove that the other person was at fault, you should contact an attorney.

Likewise, pedestrians should also follow applicable rules to avoid serious injury and death; a pedestrian that fails to follow rules may be found comparatively negligent in Maine.

Under common law principals if a person was in part negligent in the occurrence of an accident they were not permitted to recover.

However, in other situations, children are injured because the daycare was negligent in some manner.

That conduct is simply whether they were operating the vehicle safely and following the motor vehicle highway laws, and whether that driver was negligent in the operation of the vehicle.

If they have been negligent in their duties and you are injured while on their premises, you may want to consult a dangerous premises lawyer who can file a personal injury lawsuit on your behalf.

The law firm was negligent in not taking steps to ensure that any personal information about an identifiable complainant was removed before it posted the report.

The hospital may also be found directly liable if it is found to have been negligent in the screening, hiring, training, or retaining of the negligent employee.

If you are injured in a traffic accident in Texas, and the driver who injured you was distracted, intoxicated, or negligent in some other way, you are entitled to complete compensation for all of your medical treatment, the wages lost due to your injury, and all other injury - related expenses.

If it can be proven that this third - party driver was negligent in some way, he may be partially responsible for the victim's damages.

Instead, you are more likely to gain compensation for animal attack injuries by proving the owner was negligent in controlling or restraining the dog.

Further, DMR asserted that Mr. Budge represented to DMR that he had an extensive network that would be leveraged to increase sales at DMR, but was grossly negligent in using that network and performing his duties.

Mr. Justice Steeves quickly dispatched this argument, finding the matter could proceed and ultimately determined that the defendant was negligent in causing the collision.

The lender sued the lawyer alleging that although she instructed the lawyer to complete the legal work for a Sharia - compliant mortgage, she had always intended to make a return on her investment, and if the «rent» provisions of the mortgage were not enforceable under Ontario law, then the lawyer was negligent in structuring the mortgage transaction and in failing to warn the lender of an inherent risk.

Yes, a person can sue for damages caused to their then - unborn child by lead paint in an apartment where it can be established that the landlord was negligent in maintaining the premises is a reasonably safe condition.

When the stadium owner or operator was negligent in creating or allowing the circumstance that caused your injuries, you may be able to receive compensation for your medical bills, lost wages, pain and suffering, disability and disfigurement, and loss of normal life.

If a person is seriously injured while on another person's property, and that property owner was negligent in keeping their land reasonable safe from hazards, he or she may be responsible for damages related to the injury, such as medical bills, lost wages, future medical costs, pain and suffering, or mental anguish.

According to the plaintiffs, the hip implant maker was negligent in the manufacture, development, testing, distribution, marketing, and sales of the Stryker hip implants.

Plaintiffs need to establish that there was a doctor - patient relationship between them and the treating doctor, that the doctor was negligent in providing treatment, and that the plaintiff was harmed by that negligence.

If a child is injured at a water park, a parent may be responsible if they were negligent in the supervision of that child.

If you were bitten or attacked and you believe it was because the dog's handler or the private property owner was negligent in controlling the dog, you may have the right to bring a negligence - based claim against that individual.

Although, the hospital may have been negligent in its treatment, the proximate cause of death may be found to be the person's failure to seek medical attention if earlier treatment may have prevented his death.

You may be entitled to monetary damages to medical treatments and bills, lost wages, rehabilitation and therapy costs, and loss of normal life if it is shown that the property owner was negligent in security.

By law, the building owner or occupier could be liable for damages if he was negligent in carrying out any above duties and someone was injured as a result.

Although the Respondent was negligent in failing to install smoke alarms, the Appellants failed to establish, on a balance of probabilities, the Respondent's negligence caused the losses claimed.

However, your duty to not give bad advice is offset by the advice - taker's duty to not take bad advice — that is, if a reasonable person would know that taking 10 Tylenol is a bad idea (thus I, as a non-physician might have some duty to not give such stupid advice), then the person who stupidly took 10 Tylenol was contributorily negligent in taking the 10 Tylenol.

Canadian Imperial Bank of Commerce et al. v. Deloitte & Touche et al. 2014 ONCA 89 Professional Occupations — Accountants — Disciplinary proceedings — Evidence inadmissible in civil proceedings The plaintiffs brought an action, alleging that the defendant, Deloitte & Touche (Deloitte) was negligent in preparing the 1995 and 1996 annual statements of Philip Services Corp. (Philip).

Many of these cases will have scrutinised the conduct of solicitors to decide whether they were negligent in their actions and advice.

In other words, the dog owner is considered to be legally responsible for the actions of the animal, regardless of whether or not he or she is found to have been negligent in allowing the attack to occur.

Many Missouri employers are negligent in upholding their duties to their employees.

A serious brain injury may be cause for a medical malpractice suit if a doctor or hospital staff was in some way negligent in executing their duties.

Summary judgment for defendant in personal injury litigation involving plaintiff who allegedly fell into open hole dug by defendant and claimed defendant was negligent in failing to barricade and warn of hole; trial court agreed that defendant did not owe plaintiff a duty.

The Occupiers Liability Act states that if someone suffers an injury on someone else's property because the owner or person in control of the property at the time of the accident was negligent in some way, they can seek financial recovery for any resulting damages.

In most states, businesses are liable under strict products liability for simply selling contaminated food, even if they didn't do anything negligent in the process.

Attorneys at Rad Law Firm are dedicated to pursuing both the intoxicated person and the third - party who was negligent in serving alcohol to the criminal who then caused an accident, resulting in serious injury or death.

This chart can help to determine whether the nursing home was being negligent in treating your loved one and whether or not they are liable for your loved one's injuries or death.

Documentation is the key to proving someone was negligent in maintaining the safety of the property thus causing you slip and fall and sustain injuries.

Trucking companies that overload their vehicles, require their truckers to drive with little sleep or are otherwise negligent in running their businesses

Following receipt of expert medical opinion, we were able to argue successfully that the Defendant had been negligent in failing to carry out spinal x-rays at an earlier stage, or to carry out an appropriate neurological examination, amongst other failures.

She and her attorneys claim that by failing to fasten her seat belt for her, the officers were grossly negligent in their duty to protect and serve.

Parties who may be negligent in your case include: