Sentences with phrase «proof in all negligence claims»

Not exact matches

In other words, when it's a city or county involved, the injured person needs to have proof that sovereign immunity does not apply to their claim and that they have met their filing deadlines, because they can expect immunity to be one of the first responses to their demand for damages from the county or city whose negligence caused their harm.

By contrast, if constructive knowledge is accepted at trial as being sufficient to ground a claim in negligence, then the negligence claim offers the plaintiffs the possibility of 100 % recovery upon proof of mere constructive, as opposed to actual, knowledge.

This burden of proof means that expert review of the circumstances and expert testimony will ordinarily be required to determine the viability of the medical negligence claim and to overcome the objections that the CMPA will be certain to raise in defending the actions of the doctor involved.

Success in a medical negligence claim depends on more than proof of an error in judgment or practice on the part of a health care professional.

In any rollover accident, the burden of proof is on the party that brings the lawsuit and who claims negligence for the injuries or death caused by another person.

Our firm assists our clients in assessing whether there is enough evidence of causation (proof that someone else's negligence caused an injury or damages) to justify a claim or lawsuit.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.