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10 Nov 2012, 11:49 am
In order to successfully bring a claim for negligent entrustment, a plaintiff must generally establish that the defendant had a right to control a dangerous instrumentality; the defendant relinquished the right; and the instrument caused an accident or injury. [read post]
17 Nov 2021, 3:29 pm
In most civil litigation, the burden of proof required to find a defendant liable is probabilistic: If it is more likely than not (i.e., over 50%) that a defendant caused a plaintiff's injury, the defendant is to be held liable for that injury. [read post]
13 Apr 2020, 4:00 am by Berniard Law Firm
However, under certain circumstances, property owners can be held liable for injuries resulting from a fallen tree limb. [read post]
4 Mar 2019, 12:49 pm by Lebowitz & Mzhen
Taking all the evidence into account, the court held that the evidence was sufficient to establish that the employer was liable for the employee’s negligent actions. [read post]
20 Jun 2018, 6:57 am by dhdlaw
It’s important to note that multiple parties can be held liable for medical malpractice — you need not “choose” one party to pursue exclusively. [read post]
21 Feb 2024, 1:34 pm by Eric Goldman
The court responds: The result in Lemmon makes sense, of course, because the plaintiffs there did not attempt to hold the defendant liable for publication of third-party content. [read post]
1 Dec 2017, 3:01 am by INFORRM
In a judgment handed down today (Various Claimants v Wm Morrisons Supermarket plc [2017] EWHC 3113 (QB))[pdf] the judge held that the defendant supermarket was vicariously liable for Mr Skelton’s data breach. [read post]
13 Sep 2019, 6:01 am by umbrella
Instead, the judge stated, “it is not sufficient that I be satisfied that the Plaintiff will prove at trial that somebody is liable for the special damages – I must determine whether the Plaintiff is likely to prove that each Defendant is liable before I can award an advance payment as against that Defendant. [read post]
18 Jan 2016, 9:59 am by Sharifi Firm, PLC
Recently, the California Court of Appeal held that the defendant in a personal injury lawsuit could not be held liable because they did not own the property on which an alleged dangerous condition caused the victim’s death. [read post]
24 Oct 2021, 1:00 am by Bilodeau Capalbo, LLC
The plaintiff filed suit against the defendant in state court in 2015, challenging the easement for the drainage ditch and alleging that the defendant has committed an actionable trespass against the plaintiff by allowing the seepage pit to overflow and flood the plaintiff’s property. [read post]
23 Aug 2020, 6:09 pm by Evan Brown
August 19, 2020) See also: Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection Let’s talk! [read post]
26 Mar 2017, 8:12 am by Law Offices of Jeffrey S. Glassman
Defendants company (we’ll call U.I.) had a wholly-owned subsidiary (U.S.) that was operated by the same people, using the same dispatchers and operating out of the same building. [read post]
14 Jan 2019, 10:23 am by David J. Halberg, Esq.
A divided Florida Supreme Court ruled that even if a doctor’s mistake isn’t the primary cause of death, Florida medical malpractice laws nonetheless allow that doctor to be liable for his or her part in it if the failure/ misconduct substantially contributed to it – thus reversing an appellate court decision in a doctor’s favor. [read post]