Sentences with phrase «theory of negligence»

You may be able to recover damages under theories of negligence or intentional misconduct, as well as specific maritime laws.

In short, the legal theory of negligence allows an injury victim to file a claim against the party who caused the injuries as a result of negligence or careless behavior.

The driver of the truck may be sued under the general theory of negligence for driving in a way that put the public at risk.

Often times, plaintiffs use both direct and indirect theories of negligence in their case.

It is not uncommon for plaintiffs to pursue theories of negligence and products liability in their lawsuits.

Sometimes the police report is not favourable and the claimant should make his own theory of negligence based on vehicle code sections.

Alternatively, if strict liability does not apply, a dog owner may still be responsible for the acts of his or her animals under the legal theory of negligence.

392 (1962); Destefano v. Grabrian, 763 P. 2d 275 (Colo. 1988)(finding claims for mental pain and suffering, based on theories of negligence and intentional infliction of emotional distress, «plainly set forth claims for alienation of affections and criminal conversation»); Strauss v. Cilek, 418 N.W. 2d 378 (Iowa Ct..

In New Mexico, a culpable party may be held liable for an accident they caused under traditional theories of negligence law.

Those involving theories of negligence and strict liability are the same as above; in some claims you will need to prove carelessness (negligence) in creating or marketing the product but in other claims it will be enough to show that the product was defective or unreasonably dangerous, even if there was no carelessness involved.

Catastrophic injuries are covered under the general theory of negligence law.

To learn more about the basic theory of negligence and who's at fault for an accident, refer to the Related Resources links.

They claimed that he could respond with premises liability or negligent activity and that even though his petition didn't specify his precise theory of negligence, the issue was solely a premises liability dispute.

Furthermore, the court held that the defendant could not be held accountable for the accident under a standard theory of negligence because the defendant was protected by the «public duty doctrine,» which gives governments immunity from lawsuits based solely on the government's breach of a duty that is owed to the general public.

Car accident lawsuits are typically brought under theories of negligence, although a Pennsylvania personal injury attorney could invoke recklessness as a cause of action.

Most deck, porch, and railing collapse cases involve legal theories of negligence, premises liability, product liability, and construction law.

[Sub-agent of insurance company not liable for damages arising from coverage it allegedly improperly bound on theories of negligence, misrepresentation, or common law indemnity.]

Although personal injury cases may be litigated under a variety of different legal theories, the vast majority are litigated under the legal theory of negligence.

Proving that a defendant violated a statute or regulation may help a victim or their family bring a claim under a theory of negligence per se.

If these accidents are caused by the vehicles, it is possible that the families of people who are killed may be able to hold the companies liable under theories of negligence and strict products liability.

Like other personal injury cases, a motorcycle accident case will generally be brought under the theory of negligence.

The majority of personal injury claims in Florida are based on the theory of negligence.

Second, she claimed that their son was individually liable to her under the theory of negligence.

However, the court did allow the case to proceed against the young boy on the theory of negligence.

Fortunately, Florida recognizes a «comparative negligence» theory of negligence, which allows both parties to monetarily recover — even when more than one party is responsible for the accident.

Medical malpractice cases can generally be brought under the theory of negligence.

If you have been injured in an Atlanta auto accident caused by a drunk driver, you may be able to sue the driver under the legal theory of negligence.

In the above case specifically, it is possible the victims may bring a claim under the theory of negligence, based on the heightened duty of the «common carrier.»

These cases are based upon the legal theory of negligence, so you must prove:

Most personal injury victims who take legal action following an accident sue under a theory of negligence.

As far as could you be liable for writing it... under our legal system you can be sued under a theory of negligence for just about any action someone thinks was unsafe or causes injury.

Specifically, the practice argued that the plaintiff had failed to establish the proximate cause necessary for either theory of negligence.

Whether under the theory of negligence or premise liability, we can explore your case and bring those accountable to justice and hopefully prevent future harms.

Most personal injury cases are based on the legal theory of negligence, which holds parties responsible when their conduct falls below a certain standard of care and the result causes the victim to suffer injuries.

Most Florida personal injury cases are brought under the legal theory of negligence.

Most often, a personal injury claim against a nursing home will be based on the theory of negligence.

If there's no evidence of Sullivan's intent to harm or frighten Guy, Guy can go forward on a theory of negligence.

Turner's parents filed a wrongful death lawsuit against Turner, Caltrans and Petersen Enterprises LLC, the parent company of Geoffrey's Malibu under theories of negligence and premises liability.

The theory of negligence often arises when filing a personal injury claim, as many Philadelphia personal injury lawyers can tell you.

Premises liability cases, like most other cases brought under the legal theory of negligence, require that the plaintiff establish the defendant owed them a duty of care.

Earlier this month, the Nebraska Supreme Court issued an opinion in the case of Pittman v. Rivera, holding that a bar owner was not liable under a theory of negligence when one of the bar's patrons struck another customer after being kicked out for being aggressive.

Most personal injury claims rely on a theory of negligence.

These lawsuits are based on the legal theory of negligence.

Only a qualified attorney in Tallahassee will be able to determine whether you are eligible for a personal injury lawsuit; however, Florida accident victims should be aware that the majority of personal injury cases are based on the theory of negligence.

The vast majority of Birmingham personal injury cases are litigated under the legal theory of negligence.

While a product liability lawsuit is also a possible course of action, most cases will be brought under the theory of negligence.

Most damage claims related to an accident rely on the legal theory of negligence.

Most cases are filed under the theory of negligence, which is defined as the failure to exercise reasonable care to protect others from harm.

Personal injury lawsuits are generally based on the theory of negligence.