body to check the bills and tally the costs, such as the court. This is called assessment. Complaints for negligence The only way to deal with this complaint is suing the solicitor for professional negligence and demanding compensation. The Law Society does not extend a helpful hand in such cases. Seeking the help of a compensation lawyer is the only choice here. To test the extent of negligence, the compensation lawyers may put forward the following questions: · Was there a duty of care on part
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Logan V. Canada Safeway Limited et al., 2006 BCSC 1733 (CanLII) Area of Law Negligence: failure to use reasonable care, resulting in damage or injury to another. Negligence involves harm caused by carelessness, not intentional harm. In other words, negligence means being a bystander who foresaw consequences, and did not take any action to prevent the injury as a normal person would. In this case, the Common Law applies. The Story / Facts On May 11, 2003, the plaintiff (Jody Ann Logan)
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seeking to recover damages for personal injuries allegedly sustained by the plaintiff when she was struck, while a pedestrian, by an automobile operated by the defendant. The defendant filed grounds of defense denying negligence on her part and alleging that the plaintiff's own negligence caused or contributed to the injuries
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TO: Steve Stinson Esquire FROM: Paralegal DATE: March 18, 2015 RE: Smith v. Growler's Groceries This memorandum summarizes my interview and findings with Ms. Jones and summarizes Ms. Jones' credibility as a witness. The memorandum also includes the duty of care owed by the Growler's groceries store to it's customers. Additionally, included are facts that show that Growler's grocery store did not comply with the applicable standard of care. INTERVIEW OF ROBIN JONES I spoke with
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such as Texas consider the "comparative negligence" laws, which means that the injured person can also be held to varying degrees of responsibility for an injury. If the victim ignored posted warning signs or acted carelessly, they can also be held liable for the accident. Comparative negligence statutes will determine who will receive compensation for their losses and how much they are eligible to receive. This case is not a case of "comparative negligence”, because Fred could not be said to be negligent
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The defendant augured that the plaintiff’s actions of holding the BB gun, that bear a resemblance to a rifle, falls under a superseding cause. The plaintiff claimed that the defendants broke the duty of care under negligence which includes the elements of Duty, Breach, Causation, and Damaged. Then the plaintiff also claimed that under the Ninth Circuit’s provocation rule, the defendants’ actions may seem reasonable, but indeed are unreasonable since they provoked the
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Sir as you are aware the recent deaths caused by the negligence of Robins and Robins has caused a stir in the area. The families are after the company and want to sue them to get compensated for the loss of loved ones they had to bear. In this chain of event FDA is also being dragged since FDA did not pass the Original Tracking Bar rule. A lot of people are saying that FDA is responsible for these, although it is clear that FDA does not have any liability towards the these victims. Robins and
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liability based on negligence and strict product liability. Based on misrepresentation, Val Porter gave Kolchek the manufacturer’s paperwork intending to induce Kolchek reliance on the manufacturer’s paperwork resulting in reckless disregard for the facts of the spa defects. Val Porter failed to explain any foreseeable injuries the spa may have caused. Great Lakes Spa failed to exercise “due care” to make the spa safe, resulting in the injury of Litisha’s finger. Based on Negligence, “due care” must
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remedies: a) The defendant in default may, at any time after discovery thereof and before judgment, file a motion under oath to set aside the order of default on the ground that his failure to answer was due to fraud, accident, mistake or excusable negligence, and that he has a meritorious defense (Sec. 3, Rule 18 [now Sec. 3(b), Rule 9]); b) If the judgment has already been rendered when the defendant discovered the default, but before the same has become final and executor, he may file a motion
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house for dinner. While on the way to his cousin’s house, John collided with a motorcyclist, injuring the driver. ISSUE: Whether AAA Auto Dealers are liable for John’s negligence? RULE: AAA Auto Dealer’s may be held vicariously liable for its employee's actions under the theory of respondeat superior for negligence committed within the scope of employment, citing Stropes v. Heritage Children's Ctr., 547 N.E.2d 244, 247 (Ind. 1989). ANALYSIS: Vicarious Liability imposes responsibility
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