Sentences with phrase «under theories of»

In other cases, plaintiffs have successfully argued that HMOs and other institutional defendants are vicariously liable for the actions of physicians under theories of respondeat superior and apparent authority.

If you are injured in an accident caused by a texting driver, you may be able to recover compensation under theories of either negligence or negligence per se.

Conducted witness preparation for depositions and trial and conducted general trial preparation in connection with lawsuit involving dispute over purchase of mineral interests; plaintiffs purported to seek relief against named defendant under theories of breach of oral contract to purchase mineral interest lease, estoppel, reliance, and fraud.

She sued the defendant under theories of negligent activity and premises liability.

The attorneys at Breakstone, White & Gluck have decades of experience handling dog bite and animal attacks, not just against the owners of the animals, but also against negligent property owners under theories of premises liability.

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.

In addition to the MCPA, a plaintiff may choose to sue a dealer under theories of breach of contract, breach of warranty, or fraudulent or negligent misrepresentation.

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

The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence.

Answer: That question is being tested right now in a Chicago court under theories of «breach of promise to marry» and «intentional infliction of emotional distress.»

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.

Our team has successfully used motions to dismiss and motions for summary judgment to resolve such claims under theories of sovereign and official immunity.

Physicians shall not be held responsible for providing information through this website under any theory of liability or indemnity.

What that means is that, under the theory of attacking your enemy's strength, the Obama White House's email program a plump and juicy target for political opponents.

Under the Theory of Relativity, the faster anything with mass moves, the heavier it gets.

Under your theory of AAoA and the prediction of late payments, then every closed account should be removed from one's credit reports as irrelevant.

UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

Under the Theory of Anthropogenic Global Warming, it is human - generated greenhouse gases, and mainly CO 2, that cause climate change.

Under the theory of offsets, an organization calculates the amount of greenhouse gas emissions it pumps into the air from activities, chiefly energy use and travel, and then pays for someone else to prevent that much in emissions or to take them out of the atmosphere.

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.

A restraining order filed under the theory of injunction; whereby the PA personal injury lawyer would seek a judicial order that essentially orders a person to refrain from a certain activity.

This is called the «50 % fault rule» under the theory of «modified comparative negligence.»

Because the child was not an intended user of the lighter, there could be no recovery under a theory of strict liability.

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

However, Florida Statute 768.0755 is not the only Florida law that applies to slip and fall injuries in Florida hotels and resorts, (like slip and fall injuries in showers, tubs, pools, hot tubs, lobbies, etc.), Florida common law created by Florida court cases -LRB-» precedent») also applies under the theory of premises liability.

Under the theory of negligent entrustment, a person or entity that loans a vehicle to another driver may be liable for injuries in a car accident caused by that person.

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

First, she claimed that the Bells themselves were liable under the theory of negligent supervision.

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.»

Also, in Illinois and many other states, you can recover for your damages even if you are partially responsible for the accident under the theory of comparative negligence.

Under this theory of comparative fault, a victim can also be held financially responsible if they played a role in causing their own accident.

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.

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.

Strict Liability: In general, products liability cases are pursued under the theory of strict liability.

In Florida medical malpractice cases, if a doctor fails to obtain informed consent, and the patient suffers an injury as a result, the doctor may be liable under a theory of medical battery.

If Guy can convince a jury that Sullivan intended to hit Guy, or even was attempting to scare Guy with a close shot, then Guy can recover under a theory of battery.

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.

Under this theory of liability, a person's damages award is reduced by the amount of fault that is apportioned to them.

Importantly, Nebraska does not have a Dram Shop Law, and this case was not filed under this theory of recovery.

Here, the appellate court determined that there was not sufficient notice of use to survive a summary judgment under the theory of adverse possession.

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

The plaintiff sustained serious injuries in the accident and filed a personal injury case against the Department under the theory of vicarious liability.

The motorcyclist in that case may be able to seek damages from multiple sources under a theory of «comparative fault.»

Ultimately, the court concluded that since the employer admitted that the employee was acting within the scope of her employment at the time of the accident, the employer only can be held liable under the theory of respondeat superior.

If there are multiple defendants responsible for an accident, they may each be held liable for the full sum of the plaintiff's damages under a theory of «joint and several liability.»

Under the theory of pure comparative negligence, each party can be held liable for the portion of the accident that is their fault.

If the resulting contract claim for extra work fails for any reason, then Illinois law may not permit the contractor to recover for that extra work under the theory of quantum meruit.

When a semi-truck driver causes an accident that results in injuries to one or more parties, the injured parties may be able to seek financial compensation through a personal injury lawsuit brought under the theory of negligence.

In some states, a company or person who designs, manufactures, inspects, distributes, or installs an item can be held responsible for a defective product under the theory of strict liability.