Sentences with phrase «strict liability action»

It is unnecessary in a strict liability action to show that the manufacturer has been negligent in any way; the plaintiff is not required to prove that the manufacturer or retailer was negligent in the preparation or distribution of the product.

Though product liability actions may be brought as negligence, strict liability, or breach of warranty cases, product liability actions seeking compensation for a victim's personal injury or death are generally brought as strict liability actions.

Not exact matches

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[Where state trooper took affirmative action of allowing police dog to be off leash, there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts Tort Claims Act does not permit actions under strict liability.]

Personal injury is the term used to describe physical and mental injuries that occur because of someone else's negligence, intentional actions, or strict liability.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

A number of administrative charges are «strict liability», meaning that the crown prosecutor only has to prove the prohibited action without regard to your intention.

Even when a vehicle or vehicle component has been designed and manufactured in strict compliance with current industry standards and applicable regulations, the vehicle may still be found defective in a personal - injury or wrongful - death products - liability action if it is determined to contain a defect in its design, manufacture, or warnings that renders it unreasonably dangerous for consumers» use.

A strict liability case is a much clearer cause of action.

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.

This is an action distinct from one brought pursuant to premises liability law and is often maintained as an action in strict liability.

Many federal courts follow the Restatement (Third) of Torts for strict - liability actions, which may allow you to recover injuries sustained by your child as a result of an accident caused by a defect in an amusement - park ride, even if your child was only a bystander as opposed to a passenger on the ride.

Product - liability actions related to fertilizers or pesticides generally take the form of strict liability or breach of warranty actions.

Depending on the particular facts of your case, you may be able to allege causes of action including strict liability or negligent design.

Served as second - chair trial counsel and secured defense verdict following seven - week jury trial in the California Superior Court for the County of Orange of action for strict and negligent products liability and negligence based on allegations of design defects, manufacturing defects, and warning defects.

Such actions are usually brought as strict liability claims, which allow a plaintiff to establish the defendants» liability without having to prove that any of the defendants was negligent in producing the defective vehicle or releasing it to the public.

Product liability actions seeking to recover damages for motorcyclists» personal injuries or death are usually brought as strict liability claims, which enable a plaintiff to establish the liability of certain defendants without the necessity of proving that any of the defendants was negligent in creating the defective vehicle that caused the motorcyclist's injury or death or in releasing it to the market.

Such actions are generally brought under a strict liability theory, which requires no showing of negligence on the part of a manufacturer or distributor.

Maritime law observes a strict liability standard with regards to product liability claims and even provides causes of action for wrongful death that are available to non-seamen injured on the high seas.

A Big Stone Gap U.S. District Court denies a motion to transfer this negligence action under the Federal Employers» Liability Act and / or for strict liability under the Railroad Safety Appliance Act to the U.S. District Court for the Northern DiLiability Act and / or for strict liability under the Railroad Safety Appliance Act to the U.S. District Court for the Northern Diliability under the Railroad Safety Appliance Act to the U.S. District Court for the Northern District...

Personal injury is the term used to explain both mental and physical injuries that happen due to deliberate actions, another person's negligence, or strict liability.

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanLiability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanliability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanliability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importanliability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

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.

The Mexican government has strict requirements for liability insurance and failure to have adequate protection can result in legal action.

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We trust that the severity of the repercussions of the principle of strict liability has been clarified and that as a landlord / lessor you heed the advice and take swift and proper action to ensure that you are not a victim of strict liability!

The PCDA was held not to create a strict liability cause of action or any cause of action for willful misrepresentation in the PCDS.

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