Sentences with phrase «proving gross negligence»

For instance, slip and fall cases involving snow or ice on a municipal sidewalk require the plaintiff to meet a higher burden of proving gross negligence on the municipality compared to a similar fall that occurs on private property, in order to succeed in an action to recover damages.

The standard required to prove gross negligence manslaughter is, rightly, set extremely high.

Not exact matches

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

In some cases, punitive damages may also be awarded if it can be proven that the fracking company acted intentionally or engaged in gross negligence.

If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.

Finally, Massachusetts allows a plaintiff to seek punitive damages in wrongful death cases when gross negligence of the driver is proven.

If it can be proven that the rental car was rented out with serious mechanical malfunctions that weren't disclosed and contributed to the accident, they would be guilty of gross negligence and potentially on the hook for damages if someone was injured as a result.

Requires a plaintiff to prove by clear and convincing evidence that a defendant acted with intentional misconduct or gross negligence for the award of punitive damages.