Sentences with phrase «other breach of the duty of care»

Not exact matches

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.

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.

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

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.

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.

Under this law, a hotel owner and / or operator can be responsible to pay for a victim's damages, including medical expenses, lost wages, pain and suffering, and other economic and non-economic damages, if the hotel or one of its employees was negligent and that negligence caused the victim to get hurt (stated another way, the hotel breached its duty of care to keep its guests safe and as a result of this breach a guest was hurt).

Breaching or violating the duty of care can lead to catastrophic injuries of passengers, pedestrians, and / or other drivers, which may include:

You need to establish that there was a duty of reasonable care to be extended to others such as other motorists which was violated or breached by the defendant.

The plaintiffs argued the RCMP owed a duty of care to other users of the roadway, breached that duty of care, caused the collision and were at least partly liable for the damages suffered.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVof my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVOF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Negligence occurs when you have and breach a duty of care to others.

In other tragic cases, the obstetrician, anesthesiologist, nurse or other attending professional breached their duty of care and failed to act quickly when the baby was in distress.

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 and damages.

In addition to establishing a doctor or other medical professional's duty and breach of the duty of care owed to a patient, the testimony of medical experts may also be relied upon to establish the cause or causes of a patient's injury or death and the damages suffered by the injured patient or the deceased patient's survivors as a result of the injury or death.

To determine fault, in New Mexico, the investigator has to decide which individual breached a duty of care that resulted in the other person's injuries.

If a driver does not exhibit reasonable care to prevent harm to others on the road, they will have breached the duty of reasonable care.

That's because these motorists are breaching their duty of care to others who may be affected by their decisions at the time.

In other cases, it may be much more difficult to prove that the defendant breached the duty of care by a preponderance of the evidence.

Under basic principles of negligence, drivers are negligent when they breach a duty of care owed to others.

To establish a case, the injured party (the plaintiff) must show that the truck driver or other defendant owed a duty to the plaintiff to exercise reasonable care under the circumstances; the defendant breached or failed in that duty; that this breach was the cause of the plaintiff's injury; and that the plaintiff was harmed.

A premises liability action (also known as «slip and fall accident») is like other negligence actions, in that you, as the plaintiff, are required to establish the defendant had a duty of care, that duty was breached, and that breach of duty resulted in your injuries.

If truck drivers breach their duty of care to others on the road, they can be held financially responsible for resulting injuries.

These contributing factors can lead to a breach of the legal duty to exercise reasonable care that all drivers owe to other people.

To establish negligence, you would need to prove that the other driver breached a duty of care and in so doing, caused an accident that resulted in quantifiable costs and losses.

The accumulation of toxic fumes in the sewage pumping station at the junction of Elba Crescent and Baldwin Crescent, Crymlyn Burrows, Port Talbot on 10.10.96 and as to (a) the nature and source of the substance which accumulated in the sewage pumping station and in particular whether it was trichlorofluoromethane, (b) the nature and extent of duty of care owed to the various claimants by each of the respective defendants, (c) whether the substance accumulated as the result of a failure to take reasonable in the circumstances and / or other breach of duty by Gower Chemicals and / or Neath and Port Talbot County Borough Council, (d) whether the accumulation and toxicity were foreseeable by them.

It could be considered a breach of the driver's duty to passengers and other motorists to use reasonable care while operating a motor vehicle.

See: A participant in an active sport breaches a legal duty of care to other participants only...