Sentences with phrase «succeed in the negligence action»

Then, in Veakins v Kier Islington Ltd [2010] IRLR 132, [2009] All ER (D) 34 (Dec) Waller LJ considered the interaction of this cause of action with claims for personal injury caused by stress at work, observing that: «Since Hatton v Sutherland, it has become more difficult for an employee to succeed in the negligence action based on stress at work.

Not exact matches

Under Canadian common law, in order to succeed in an action for negligence (including for a failure to warn), a plaintiff must establish the following five elements:

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.