Liability

Companies, people are exposed in various risks, risk management’s job is to identify the risk and determine which method we should do. There are the tasks that a risk manager would perform at their job: identify the value of the assets, what risks might occur, and how much are the losses; decide whether to purchase insurance coverages, transfer, or to avoid them. The goals of risk management are to minimize the losses and expenses in the worst case scenario. Risk managers are responsible for…

Introduction and Statement of Facts The fundamental attribute of corporate personality, from which all other consequences flow if that the corporation is a legal entity distinct from its members. Hence, it is capable of enjoying rights and of being subjects to duties which are not the same as those enjoyed or borne by its members. In other words, it has a “legal personality” and is often described as an artificial person in contrast with a human being, a natural person. However, corporate…

But the Ohio Products Liability Law has preempted the Nadels' warranty claims. R.C. 2307.72; 2307.73; Saylor v. Providence Hosp. (1996), 113 Ohio App.3d 1, 680 N.E.2d 193; Raitt, The Preemption and Economic Loss Provisions of the Ohio Product Liability Code (1991), 16 U.Dayton L.Rev. 583, 586-589; O'Reilly and Cody, Ohio Products Liability Manual (1992) 57, Section 5.05. R.C. 2307.72(A) states that “[a]ny recovery of compensatory damages based on a product liability claim” is subject to…

ISSUE Under Florida statutes and cases pertinent to inadvertent disclosure, is Mr. Beene required to return the privileged documents when (1) the products liability team inspected each document included in the discovery; (2) the amount of inadvertent disclosures was miniscule; (3) the degree of disclosure was rather small; (4) Mr. Fitzgerald requested the return as soon as he became aware; and (5) the client has a right to prevent disclosure of confidential communication, as well as an attorney…

I am just finishing my first year at CTE. I am a junior in high school, and I need to start thinking about what career I should pursue right now. In CTE I am in Building Technology which involves framing, little bit of Plumbing and a little bit electrical. I am interested in Heating and ventilating for plumbing, but on the other hand I am also interested in construction work like rough building. I don 't know much about Plumbing at all, but I know a little bit more on the construction piece and…

another (USLegal.com, n.d.). As stated by Rudolph (2010), “Causation is one of the hardest factors to prove in a case. The burden of proof rests with the plaintiff” (p. 48). Therefore, the plaintiff must substantiate all four elements of negligent liability in a legal dispute in order to prevail a lawsuit (Pozar, 2016). The four element of negligence include: duty of care, breach of duty, causation, and damages (Pozar, 2016; Rudolph, 2010). A duty of care begins with an established…

services need Charitable Organizations/Nonprofit Liability Insurance. Non profit and social services enrich the lives of many, but this does not make you immune from lawsuits. Whether your business supplies programs for the developmentally disabled, shelters for battered spouses, after-school programs for children or some other community need, you need Charitable Organizations/Nonprofit Liability Insurance. Charitable Organizations/Nonprofit Liability Insurance covers: • damage to…

considered premise liability claims, which center on why the injured person was on the property and who is responsible for maintenance and warnings. Other types of premise liability claims include building or structure collapse, falling merchandise, swimming pool accidents, inadequate maintenance and inadequate security to name a few. Trip and fall and slip and fall cases are the ones our firm most often sees. Different states have different laws concerning premise liability case requirements,…

strict liability. To do such, it is important to examine the criteria for distinguishing between strict and absolute liability of regulatory offences, particularly pertaining to the language of the legislation. According to Justice MacPherson, by stating “no person shall” in the language of the legislation, it points to absolute liability, likewise, this is also applies to the Retail Sales Act for retailers. Therefore, if one were to follow this, Slackbridge would have absolute liability, and…

The common duty of care is a duty is to take care off all circumstances so that the visitor will be reasonably safe in using the premises for the purpose of which he is invited or permitted by the occupier to be there. Children The occupiers liability act 1957 allows children to be less safe than adults and occupiers must be aware of this. If children are known to be visitors, special measures may have to be taken to ensure their safety. A case from 1922 established a common law tort from the…