Sentences with phrase «of a negligence claim brought»

This means that the plaintiff may satisfy the duty and breach elements of a negligence claim brought against the driver by establishing the driver's violation of the applicable rule or law.

Not exact matches

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

«It will protect the citizens of the state of New York who have every right to be protect and bring a claim because of the negligence of others,» said E. Stewart Jones, a prominent attorney who supports the measure.

That coverage would pay the claim if it were proven to be your fault and a result of your negligence, but it also pays to defend you in the event that a claim is made or a suit is brought against you for those injuries.

Blasko also brings claims against Petland for racketeering in violation of RICO, 18 U. S.C. Sec. 1962 (C; fraud, negligence, and breach of contract.

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 GraOF 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 Graof 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 Graof 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 Graof 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 Graof 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 Graof 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 Graof 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 Graof 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 Graof 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 Graof Tails of Graof Gray.

AU further anticipates that plaintiffs who have experienced an unwanted pregnancy may bring claims against Qualitest for «wrongful pregnancy,» although such plaintiffs may face issues of comparative negligence for failing to notice that the placebo pills are a different color than the hormone - producing pills.

«Justice is asking the court to take these well - established rules to the logical next step and recognize that as a member of the class intended to be protected by Oregon's anti-cruelty statute, Justice may bring a negligence per se claim based on the standard of care in the anti-cruelty statute.»

Under New Jersey law, the surviving family members of a person who dies because of the wrongful actions or negligence of others can bring a wrongful death claim for compensation.

The Atlanta premises liability attorneys at Christopher Simon Attorney at Law have many years of experience with a wide variety of negligence actions, and they are ready to help you assess and bring a potential 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.

Proving that a defendant violated a statute or regulation may help a victim or their family bring a claim under a theory of negligence per se.

In the tragic event that a person dies as a result of the negligence, a representative of the victim can instead bring a claim for wrongful death.

The plaintiff brought negligence claims for her alleged slip - and - fall in a puddle of rainwater.

«I am sad to have to bring a legal malpractice claim against ICIT's former counsel, but I am sadder still for the thousands of Hoosiers who are struggling to pay health care bills as a result of such negligence.»

Claims for damages for personal injury arising from an illness alleged to have developed as a result of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in negligence or breach of duty or both.

A wrongful death claim can be brought when the victim was killed because of the negligence or misconduct of the other party.

Atlanta personal injury attorney Christopher Simon has many years of experience with a wide variety of negligence actions, and he is ready to help you assess and bring a potential claim.

The Negligence and Damages Bill may have succeeded in raising awareness of pressure to introduce a Scottish style approach to damages in fatal accidents claims and a widening of the categories of secondary victims who can bring claims for psychiatric injury.

Those claims are properly resolved through an action framed in solicitor negligence, not by way of a motion brought under Rule 15.02 (4) or 57.07 (1)(c).

In Wellington v. Ontario, the family of a young man killed by two police officers sought to bring a claim in negligence against the Special Investigations Unit for various deficiencies in their investigation of the death; their claim was dismissed based on the Court of Appeal's view that these types of claims were not grounded in any realistic duty of care given the public duties of policing bodies.

Wrongful death is a legal claim brought by the close family members of someone who has died because of some unlawful activity (intentional tort, negligence, etc.).

In the above case specifically, it is possible the victims may bring a claim under the theory of negligence, based on the heightened duty of the «common carrier.»

The Supreme Court of Canada has dismissed a negligence claim brought against the CAW - Canada, holding that the national union should not be held liable for the acts of an affiliated local or its members.

Many times people injured in an accident hesitate to contact an attorney for different reasons, which include the fear of legal advice being too expensive, or doubting a legal claim could be brought when they can not identify the negligence of another party.

Depending on the circumstances of your professional negligence claim brought using a No Win, No Fee agreement, you may not have to pay for any disbursements (other than After The Events insurance), and that the maximum deduction there will be from your compensation is 25 % to pay for legal fees.

Both Cumbria and Lakeland had instructed solicitors Baines Wilson (BW) to advise and negotiate on the service agreements between DEFRA and themselves, and they now brought proceedings against BW alleging professional negligence which had caused them to lose the difference between their invoiced claims (plus presumably interest) and the settlements which emerged from the mediation, asserting that they had been reasonable to settle, but that the discounts they had been forced to concede were as a result of BW's negligent advice.

In Wellington v. Ontario, the family of a young man killed by two police officers sought to bring a claim in negligence against the Special Investigations... [more]

In addition to the regulatory negligence claim against the Energy Resources Conservation Board (ERCB) and Alberta Environment they cover in their posts, Ernst brought a claim against the ERCB for breach of the Charter.

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.»

As with personal injury claims that are brought against private parties, victims of government entity negligence are entitled to compensatory damages.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

Jo specialises in adjudication both in bringing high value fee claim adjudications and defending professional negligence adjudications including a multi million pound double adjudication arising out of a high profile PFI project.

Negligence Claims in New Mexico In New Mexico, to bring a negligence claim an individual must be able to establish that the wrongdoer owed him or her a standard duty of care, that the other driver breached that duty, and that the breach was the actual and proximate cause of the accident victim's injuries anNegligence Claims in New Mexico In New Mexico, to bring a negligence claim an individual must be able to establish that the wrongdoer owed him or her a standard duty of care, that the other driver breached that duty, and that the breach was the actual and proximate cause of the accident victim's injuries annegligence claim an individual must be able to establish that the wrongdoer owed him or her a standard duty of care, that the other driver breached that duty, and that the breach was the actual and proximate cause of the accident victim's injuries and damages.

For instance, if a city law required all owners to keep their dogs leashed when out of their yard, and an owner chose not to leash his or her animal and the dog then injured another person, the plaintiff could bring a negligence per se claim.

Former partner of a firm of solicitors — representing a former partner of an established firm of solicitors against claims of negligence, breach of FSMA and dishonest assistance brought by over 500 investors in technology schemes which were designed to be tax efficient and valued at about # 90m.

Linklaters and Deloitte have pointed the finger at each other in their defences against the professional negligence claim brought by former Arsenal shareholder Lady Nina Bracewell - Smith over the sale of her stake in the football club to current majority owner Stan Kroenke.

Western Australia's Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon [2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside the basic 3 - year time limit for such claims arising since November 2005 and the introduction of the Limitation Act 2005.

$ 17 million design defect, professional negligence and fraud claim brought by Premier Air and United States Aviation Underwriters involving the collapse of an airport hangar during a storm at the St. Louis Regional Airport in, Illinois which damaged two private jets.

The skilled advocates at the Indiana - based law firm of Parr Richey Frandsen Patterson Kruse have the experience and dedication necessary to confidently bring any claim based on a pharmacist's negligence.

Michelle Gyte leads the team, which is noted for its success in settling claims across the value range involving novel areas, including prison healthcare, mental health care and human rights, the last of which has involved bringing clinical negligence claims under the Human Rights Act.

$ 93 million breach of contract, professional negligence, misrepresentation and fraud claim brought by the Bi-State Development Agency involving the design and construction of a light rail extension in St. Louis, Missouri.

In practice, this means that there will often be good prospects in medical negligence claims, other than the most straightforward, for seeking an extension of time to bring claim outside the 3 - year time limit, where a client (the patient) delays seeking legal advice or investigation of the claim until outside this 3 - year timeframe from their initial injury, or where provision of the expert opinion does not occur until this 3 - year time limit has expired.

Medical malpractice claims are some of the most complicated personal injury claims to bring, based solely on the complexity of medicine and the amount of knowledge required to properly pinpoint whether negligence actually occurred.

To recover compensation, the Act allows injured seamen to bring legal action against employers or ship owners based on claims of negligence or unseaworthiness.

The merger of Mintons Solicitors and Lester Morrill to form Minton Morrill brings together two highly respected claimant clinical negligence practices with an extensive track record handling high - value, maximum - severity clinical negligence claims.

Also recommended are Paul Sykes, who has an extensive track record handling professional negligence claims at Court of Appeal and Supreme Court levels, as well as before the European Court of Human Rights; Johanne Spittle, who is noted for her handling of claims brought against banks for financial mis - selling; and Jonathan Warner - Reed, who is highly active in professional negligence claims related to property developments.

Terry Regan (who attracts praise for his «sympathetic and patient handling of cases») heads the practice, which includes John Vallance; collectively they bring more than 50 years of experience handling clinical negligence claims involving brain injury, cancer, product liability, cosmetic surgery and the Human Rights Act.

If an accident was the result of someone's negligence, you may be able to bring a claim action to recover for damages.

In addition to strict liability claims, victims may also bring standard negligence cases or sue under a breach of warranty (e.g. the warranty of merchantability or fitness for a particular purpose).