Sentences with phrase «of breach of duty of care»

Not exact matches

«Financial Institutions could face a class action lawsuit... for systemically breaching the fiduciary duty of care by not sufficiently training their advisors.»

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

A refusal to run onto the pitch would have breached the duty of care required of the medical team to their patient,» as quoted by the Telegraph.

If they have a strong case that he had duty of care in regards to her, he breached that duty of care, and her injury is a direct and proximate cause, why not?

Failing to provide that duty of care would leave her in breach of the conditions of employment as laid out by the Football Medical Association, rendering her unable to do her job.

Generally, courts have found that the mere fact that a serious injury may occur to a student who is playing on play equipment or playing sport at school does not automatically result in a finding that the school has breached its duty of care.

Schools should have a policy in place to address issues with intervention orders and ensure that they do not inadvertently breach a duty of care owed to students, and, if there is no policy or plan, should consider implementing one.

A letter from FoE addressed to Shell's CEO Van Beurden, argues that «Shell, through its corporate activities and corporate strategy, is breaching its legal duty of care by causing climate damage across the globe and undermining the ambitions of the Paris agreement.»

In Orchard v Lee [2009] EWCA Civ 295, [2009] All ER (D) 39 (Apr) the court considered whether a child had breached a duty of care by running into a school lunchtime assistant supervisor, causing her serious injury.

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injury.

To show that a defendant was negligent, a plaintiff must prove that the defendant owed the injured person a duty of care and breached that duty.

Fiduciaries that fail or neglect to manage assets with the utmost care and professionalism can be held liable for breach of trust or breach of fiduciary duty.

A health care professional can breach his duty of care through either an act or an omission — in other words, he can be sued for something he did or something he didn't do.

However, the company then moved for summary judgment, arguing, among other theories, that there were no facts to indicate that the co-driver or FedEx had breached any duty of care that was owed to the plaintiff.

A person is negligent when he or she has a duty of care, breaches this duty of care, and the breach causes injury or property damage to another.

It is only after a victim proves a driver has breached his or her duty of care (or proves the driver was negligent,) that a victim can recover his or her damages.

As a team, our medical malpractice lawyers, researchers, experts and you will need to prove that duty of care existed, was breached, and caused your provable injuries and suffering.

This too is a breach of the duty of care, so both drivers are responsible for the accident.

Child neglect constitutes a breach of the duty of care owed to a child by someone in whose care the child has been entrusted.

In order to establish medical malpractice, the injured patient must demonstrate the following: i) the ophthalmologist owed a duty of care to the patient; ii) the ophthalmologist breached the duty of care owed to the patient by providing negligent or substandard care; and iii) the ophthalmologist's breach was a direct cause of the patient's injury.

Your claim will not be successful unless it can be shown that the at - fault party (or parties) owed you a duty of care, breached that duty of care and this breach of duty caused your injury or loss.

For example, if a person is driving through a parking lot at a speed of over 20 miles per hour while talking on a cell phone, that person is most likely breaching the duty of care owed to other people in the parking lot.

For an injury claimant to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady was an occupier of the premises where and when the accident occurred, that the landlady breached a duty of care owed to the claimant that the landlady's breach caused the claimant's injury, and that the plaintiff suffered a loss.

It is not enough to show that a medical professional breached the duty of care; a plaintiff must also show that the breach was a direct and proximate cause of his or her injury.

In order to prove negligence on the part of a defendant, a plaintiff must show: (1) the defendant owed the victim a duty to exercise a certain level of care, (2) breach of that duty, (3) proximate cause, and (4) actual damages.

that the defendant breached a duty of care owed to the plaintiff; 3.

You may be able to file a lawsuit against the owner of the road, such as a municipality, on the basis of negligence if you can show (1) it owed you a duty of reasonable care, (2) it breached that duty, (3) the breach was the proximate cause of the accident, and (4) damages resulted.

The other parties must have had a duty of care toward you and breached that duty.

If the pilot breached his duty of care he may be financially responsible for the victims» injuries.

When a driver breaches their duty of care, they can be held responsible for the damage they cause.

A person is considered to have acted negligently when they breach a duty of care.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

This is because many states will accept evidence of a criminal conviction as proof that a person breached their duty of care.

His duty can be so explained, for a doctor can be sued for breach of an express or implied term of contract, which binds him to use due care.

The Claimant must show that the Defendant was in breach of the duty of care; an employer for instance may not have provided proper protective clothing, or there was bullying in the workplace that led to an employee suffering stress at work.

Improper braking technique that rises to the level of negligence happens when a driver breaches his duty to operate the tractor - trailer with the reasonable care expected of a skilled commercial truck operator and causes an accident that leads to harm to another person.

A # 2 - million claim against insurers for breach of their FSA duties of care following a fire to a listed building.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

As a result of this broadening field of expertise, there is now considerable scope for professional liability in the event that an accountant's duty of care has been breached.

He found that such conduct constituted breaches of the fiduciary and common law duties of care which the sisters owed to the company, which had been engaged in property development.

The High Court held, applying Wyatt v Hillingdon London Borough Council (1978) 76 LGR 727, that a council's failure to comply with its statutory duty to provide domiciliary care services under s 2 of the Chronically Sick and Disabled Persons Act 1970 can not amount to breach of a common law duty of care.

However, these obligations were important in determining the scope of the State's duty of care and whether or not it had been breached:

To be guilty of the common law offence of gross negligence manslaughter, a company had to be in gross breach of a duty of care owed to the victim.

Urgenda argued that the Dutch state had therefore breached a duty of care owed to them (and to Dutch society generally), had infringed their rights under the European Convention on Human Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constitution.

The duty of care owed in negligence is breached if the death is caused by the way in which activities are managed and organised or amount to a gross breach of a relevant duty of care (s 1 (1)-RRB-.

For starters, successfully proving that prison officials breached their duty of care and are liable for injuries can be challenging.

After it can be proven that there was a breach in the duty of care, the injured person must show they suffered injuries directly related to the breach.

Additionally, you must be able to prove that the owner breached that duty of care, and that the breach directly resulted in serious bodily injury.

Even assuming that H owed his client a duty of care, he discharged it by preparing the documentation in accordance with the instructions of the responsible corporate officer, ensuring that the transaction breached no statute in view of the plaintiff's impending bankruptcy, and ensuring that all signatories to the agreement understood it.

A jury will ask to hear testimony from other medical professionals who can speak to the duty of care and whether or not, in their expert opinion, the duty of care was breached.