Reasonable person

When discussing a personal injury case, “damages” simply refers to the losses that the victim experienced. An accident attorney from Ganim, Ganim & Ganim, P.C. in Bridgeport, CT, can help you determine what kind of damages you should seek compensation for if you sustained serious injuries in an accident that was not your fault. Here are three different types of personal injury damages: Special Compensatory Damages: The main purpose of special compensatory damages is to compensate for any…

Personal Injury Claims: How to Fight Back Liability in a personal injury claim isn’t always cut and dry. In some cases, those who feel victimized can find themselves on the receiving end of a costly lawsuit. Defending a personal injury case is a complicated and serious matter; one which demands the skill and attention of an experienced personal injury attorney. Serving Cincinnati residents for over 20 years, O’Connor, Mikita & Davidson have you covered for the guidance and representation you…

McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was…

Negligence Wilhelm acted negligently by failing to warn Flores of the dangers of working with bees. Negligence for failure to warn requires the existence of a duty of care, a breach of that duty and damages suffered as a direct result of the breach. Where no duty exists the defendant cannot be held liable. Bees are considered domesticated and for liability to attach for injuries caused by domestic animals, the appellant must show that the animals were accustomed to do mischief or the defendant…

people; cars could hit cars, etc. The premises owner knew of the lights being out because of the storm, therefore they should have done something more about the situation. Standard of Care: The standard of care that should be upheld is that of a reasonable premises owner. Breach: Good-For- You did breach their standard of care to Ms. Jones, and all of their customers,…

Under the majority view, an employee who has claimed to have been subjected to unlawful discrimination and resigns is said to have been constructively discharged only if a reasonable person would have found the conditions intolerable. The majority view suggests that the employer wanted the employee to quit the job. 2.Under the Specific Intent Test, or minority view, the plaintiff has to show proof that not only the working conditions were made intolerable, but also that the employer created the…

One of the key arguments of the Crown is that Mr Blyton’s state of mind was not reasonable and as he has several different accounts of the day of the homicide, it must be proven beyond reasonable doubt that self-defence is not an appropriate defence and should be excluded. Self-defence is a defence against an attempted use of violence against an individual. A defendant who wishes to claim…

Reasonable suspicion protects the suspects, while it allows the police to do their job the right way. In orders to balance the power of the police with the rights of suspect, PACE was introduce as guideline. Police and Criminal Evidence Act 1984 states that the police can search an individual at a “place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied…

was seen about a half hour later in the same area at 2:45 pm. Officer Mathison ran a license plate check on the vehicle. The vehicle came back registered to an individual in Moundsview, Minnesota. The truck registration came back as belonging to a person with an address located in another town. The suburb mainly consisted…

requirement of the Police and Criminal Evidence Act 1998 and the accompanying PACE Codes of Practice require PC Sharkey to have reasonable grounds for suspecting Marcus of committing an unlawful act while taking reasonable steps when conducting the search. The scenario also raises the question as to whether PC Sharkey has exercised his powers of arrest by having reasonable grounds for believing the arrest to be necessary, while providing Marcus with the right information for the arrest. In…