Negligence

Personal injury law allows a plaintiff to obtain compensation following an injured caused by the neglect or intentional act of another party. There are a myriad of scenarios that can give rise to a personal injury case, although there is no guarantee of liability in every situation. In the following entry, a personal injury attorney from Trecker Williams & Fritz-Attorneys at Law in Honolulu, HI discusses a few of the more common personal injury cases Common Cases Handled by a Personal Injury…

A common law action for negligence may be brought to prevent environmental pollution. Negligence is the failure to exercise that care which the circumstances demand in any given situation. The judgment in Heaven v. Pender , was reiterated in Donoghue v. Stevenson , where Lord Atkin propounded the principle, and…

of the following practices could be seen as causes of medication errors; failure to notate an order change, negligence with giving injections, failure to administer the appropriate medication, medications with similar sounding names, the wrong dosage, the failure to cease or discontinue medication and administering medication to the wrong patient. According to Showalter (2017), Negligence occurs when a person fails to live up to accepted standards of behavior. Four elements are essential to…

learned that the invoice had been sent to an incorrect address: 30 West 61st Street, New York City, 10023, Apt. 12P, instead of his address 30 West 63 Street, New York City, 10023, Apt. 12P. Witherwax also claimed that Transcare was liable for negligence,…

1.35 million children sustain a serious injury while participating in a sports related activity (Healy, 2013). Each of these injuries represents potential negligence litigation against athletic leaders including coaches. As a result, organizations have developed legal duties derived from lawsuits against coaches and schools where negligence contributed to an athlete’s injuries. These fourteen legal duties represent the standards or obligations expected of athletic leaders. It is imperative…

In the case of Webb Resolutions Ltd v E-Surv Ltd, negligence did rise in terms of valuation, and concerned two properties. In November 2006, E-Surv valued a two bedroom flat at £227,995 for mortgage purposes. The true value was held to be £204,658, showing that there was an over valuation of 11.4%. In July 2007, E-Surv provided a valuation for the re-mortgage of a house, which was valued at £295,000, but the true value was found to be £260,000, therefore the over valuation was at 13.5% (Clarke…

severity of these injuries can be extreme, with long-term impairment, scarring, and other consequences that can significantly impact the rest of your life. When the conditions which led to these unfortunate outcome were caused by someone else's negligence, the personal injury attorneys at Wall, Wall & Frauenhofer LLP in Torrington may be able to help you collect compensation for your damages. Dog bites can be particularly damaging, with almost 20% of victims developing severe, sometimes…

12(b)(6) seek to dismiss Plaintiff’s complaint on the following grounds: failure to state a claim upon which relief can be granted for, negligence, vicarious liability, and punitive damages. All of these arguments lack support and should be immediately rejected. In respect to Defendant's…

Abstract Law is formed for a motive and it regulates in many areas like medicine, before practicing any medical procedure or conducting a form of administrative position each medical specialist or non-medical specialist operative must comprehend a difference between ethical or unethical. Ethical and Unethical plays a significant role in our humanity every way it is whether up to how you want to approach it. According to “The case of Jeanette M. And the phone call” altered from the beginning of…

Criminal liability is based upon the coincidence of the guilty act (actus reus) and the guilty mind (mens rea). To be liable, the defendant must have the guilty state of mind at the time he commits the guilty act. Some offenses, however, don’t require mens rea with regard to at least one element of the actus reus. These offenses are called strict liability offenses. When both the actus reus and the mens rea are established and coincide, or when the offense committed is one of strict liability,…