Search Results - Negligence
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Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up") is a legal concept in the common law legal systems usually used to achieve compensation for injuries (not accidents). Negligence is a type of tort or delict (also known as a civil wrong). However, the concept is sometimes used in criminal law as well. "Negligence" is not the same as "carelessness", because someone might be exercising as much care as they are capable of, yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm. In the words of Lord Blackburn, "those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."[citation needed] Through civil litigation, if an injured person proves that another person acted negligently to cause his injury, he can recover damages to compensate for his harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further, the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proven in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases. Negligence suits have historically been analyzed in stages, called elements, similar to the analysis of crimes. Common law jurisdictions may differ slightly in the exact classification of the elements of negligence, but the elements that must be established in every negligence case are duty, breach, causation, and damages. Each is defined and explained in greater detail in the paragraphs below. Negligence can be conceived of as having just three elements - conduct, causation and damages. More often, it is said to have four (duty, breach, causation and pecuniary damages) or five (duty, breach, actual cause, proximate cause, and damages). Each would be correct, depending on how much specificity someone is seeking. "The broad agreement on the conceptual model," writes Professor Robertson of the University of Texas, "entails recognition that the five elements are best defined with care and kept separate. But in practice," he goes on to warn, "several varieties of confusion or conceptual mistakes have sometimes occurred."[1]
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1. Birth Injury - Your Legal Options for Recovery
July 03, 2009
A birth injury can occur in a hospital setting on a regular basis, and sadly, lawyers involved in medical malpractice lawsuits know this all too well.Even being surrounded by professional during the delivery, birth injuries can still happen.Birth injuries can be caused by medical error or hospital negligence on the part of medical professionals, and does in many cases.Going through life with a birth injury can be greatly difficult.Some brain injuries can resolve on their own, but others lead to mental and/or physical problems for life.Complications during fetal delivery are what cause most bir... (read more)
Author: Curtis Leonard
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2. Pupil To Sue School Following Fall
July 02, 2009
compensation claim has been reported where a former public school pupil is in the process of suing her former school for a total of £300,000, for what she sees as gross negligence. The pupil drunkenly fell out of a window on the premises when she was sixteen years old, but feels the accident wasn't her fault. On Valentines day, after a heavy binging session, the student fell 15ft from her first floor window, but more than four years later she feels she was the victim of a school, which had a chronic drinking culture which led to her drop. As a result of the fall the student no... (read more)
Author: Darren Estwick
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3. How to Find a Good Dental Malpractice Lawyer
July 02, 2009
You'll sometimes see advertisements on television for lawyers asking if you've been injured or worse as a result of malpractice or negligence. While its easy to laugh at these so called "Ambulence Chasers", being a victim of malpractice is no fun.
One such form of malpractice lawyer is the dental malpractice lawyer, aiding specifically in cases in which one is injured due to negligent dental work, failure to diagnose, or otherwise intentional or unintentional misconduct on the part of a dental professional. If you feel you may be the victim of dental malpractice, you'll want to find a... (read more)
Author: Anthony Larsen
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4. Medical Malpractice Attorneys in Florida
July 01, 2009
If you are trying to find a FL medical malpractice attorney, it is important to understand the types of services that they can provide. Searching for an attorney that specializes in malpractice can be a complicated process but this article will help to increase your understanding and ease that process.
Before getting into the specific role that a Florida medical malpractice attorney fills, it is important to understand what constitutes medical malpractice. The easiest way to describe medical malpractice is negligence by act or omission by a health care provider that leads to injury or dea... (read more)
Author: Dan Rennecker
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5. Los Angeles Elder Abuse Lawyers
July 01, 2009
As the population ages, unfortunately elder abuse is a more common occurrence. There is also an increase in nursing facilities, convalescent homes and senior citizen residences that don't always provide the necessary care and supervision. We have represented several victims and their families in these types of cases. The following describes some of these situations.
Nursing Care Negligence — "Dependent Adult" Abuse Our clients were the children of a 58-year-old woman with severe respiratory problems who died as a result of negligent care in a nursing facility. During her 3-day stay, the ... (read more)
Author: Adam Dombchik
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6. Criminal Negligence and Dangerous Operation of Vessels
July 01, 2009
Serious regulation of various criminal issues while controlling a boat can seem not very serious to most of the people, still it is very important to remember that a boat accident can lead to very serious consequences and in this article we will show you some examples. But at first let us define the Criminal Negligence in the Common Law tradition. In the criminal law, Criminal Negligence is one of the three general classes of mens rea (Latin for "guilty mind") element required to constitute a conventional as opposed to strict liability offense. This term is defined as: careless, inattentive, n... (read more)
Author: john metthew
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7. Cybercrime in Canada
June 30, 2009
It is normal that during the course of human history criminals try to use most of the new inventions for their cause. While the Internet itself is very young it is already filled with various criminals that are committing frauds, stealing information, stalking or harassing people. And it is also natural that after some time the countries with most internet users created laws that allowed prosecuting the online criminals.
In Canada the definition of computer crime is taken from the international Convention on Cybercrime that occurred on November 23, 2001. Canada contributed, and is a signa... (read more)
Author: Kevn Smith
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8. Maritime Disasters and law
June 30, 2009
While the Titanic is definitely the most famous maritime disaster it is actually not the largest one in the sad history of maritime disasters. Canada also holds a sad record in this history. The infamous Halifax explosion that devastated the city of Halifax, is currently the largest non-nuclear man-made accidental explosion in the history of mankind with the highest death doll of about 2,000 people killed and estimated over 9,000 people were injured. While many people say that maritime disasters are one of the most dangerous, the Halifax Explosion is the one that shows how dangerous they can r... (read more)
Author: Kevn Smith
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9. Real Estate Purchase Contracts in Canada
June 30, 2009
A good real estate purchase contract usually contains numerous details and information concerning the property so it must be treated very seriously. A good real estate contract usually holds huge amounts of information and in some jurisdiction it must be in written form to be enforceable. The contract can identify the full names of the parties; hold the address and legal description of property; identify the purchase price; it must be voluntarily signed by both parties; have a legal purpose; involve only competent parties (age, medical conditions, etc.); show that both sides agree upon the pur... (read more)
Author: Kevn Smith
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10. Easements and Covenants
June 30, 2009
A short reply to the question what are Easements and Covenants sounds: Easements are documents that provide a person with a rights to property, Covenants are document that contain rules limiting the usage of the property. A more detailed answer follows.
Easements In the common law tradition Easement (in some jurisdictions - servitude) is defined as a non-possessory interest to use real property in possession of another person for a stated purpose. This document is considered a property right in itself at common law and is still treated as a type of property in most of existing jurisdicti... (read more)
Author: Kevn Smith
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11. What Are Compulsory Insurance Statutes
June 30, 2009
With a growing number of cars in the world countries like Canada or the United States and European countries, also experience a growing number of car accidents. Auto insurance became one of the main things that protects the driver from financial losses. Auto insurance is a legal contract between driver and insurance company, that not only provides ongoing protection to the driver, but also can be a constant reminder of the possible dangers on the road. While the driver pays the premium to the company, the company provides coverage in case of an accident. There are three types of coverage avail... (read more)
Author: Kevn Smith
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12. Entering into a partnership agreement in Canada
June 30, 2009
Business is most definitely the sphere that walks hand in hand with the law. The traditions of trading that finally evolved into modern business require an enormous number of laws, amendments and acts to regulate all the processes and business relations. In this article we will take a look at partnership agreement and related legal issues. Every partnership agreement is usually based on trust between the partners, still every experienced businessman knows that people can change and the interests of partners can change and of course the business situation in general can change. So a properly dr... (read more)
Author: Kevn Smith
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13. Wills and Living Wills
June 30, 2009
Will and living wills are a very important part of any Canadian citizens life. Even thought most people view it as a negative reminder of death, living without a will and in some situations without a living will is generally not recommended. So remember if you care for your children and your family it is better to get a will as soon as possible. And not just some will, as any important legal document it must be written properly according to the norms set by the law. Naturally a good lawyer will can help you with your will.
Will Will is a legal document that contains a legal declaration o... (read more)
Author: Kevn Smith
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14. Legal Aid in British Columbia
June 30, 2009
The concept of legal aid is one of the best ideas in the legal sphere for people with low or no income. While the law of Canada grants equal rights to every citizen the financial situation can sometimes limit the possibilities of the people who are in need of legal help. That’s why Canada has a developed system of Legal Aid offices, which provide some level of legal aid to people who are unable to afford legal representation due to financial difficulties.
British Columbia has established a Legal Air program in 1979. This system in the province is administered by Legal Services Society and... (read more)
Author: Kevn Smith
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15. Things to Consider When Purchasing a Business in Canada
June 30, 2009
Purchasing a business is an extremely serious decision, so before you start the whole process there is a huge number of important things that you need to consider. Starting form the situation in the industry in general and up to certain details in the provincial laws that may influence the purchase process. Generally these things can be divided into 3 groups: General, Business Related and Legal. Also it is highly recommended to consult with a lawyer right from the beginning of the purchase process to avoid mistakes in documentation and problems from the legal side.
General The general gr... (read more)
Author: Kevn Smith
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16. San Francisco Personal Injury Lawyer
June 30, 2009
If you live in San Francisco then you know that maintaining your safety is a daily routine. One fall down that steep hill that you walk every day could land you in the hospital. So you watch your step. You anticipate dangers and do your best to avoid them.
But what about that injury that you or a loved one could not have anticipated? Maybe you got hurt on the job. Maybe you were harmed due to landlord negligence or hospital malpractice. Maybe a car accident has you hovering on the verge of a total physical and financial collapse. A San Francisco personal injury attorney is the person yo... (read more)
Author: Sally Morin
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17. San Francisco Personal Injury Attorney -- If You've Been Injured You Can't Afford To Be Without One
June 30, 2009
Are you the victim of injury or harm due to someone's negligence? If so, you need the help and support of a San Francisco personal injury lawyer -- right now. Do not attempt to represent yourself or discuss your case with insurance companies before getting legal representation. You can easily jeopardize your right to compensation.
If you have been harmed or injured due to negligence, you are entitled to compensation sufficient to restore you to your condition before the injury or accident occurred. Under California law, you have the right to be compensated for medical expenses, lost wage... (read more)
Author: Sally Morin
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18. Preventing Common Apartment Water Heater Problems
June 29, 2009
Preventing Common Apartment Water Heater Problems
Water heaters are an extremely critical part of an apartment building’s operation. The average life span of commercial water heaters is between four and eight years, depending on the water quality, location, and its environment.
Most owners often overlook them until they need repair. Luckily, most general maintenance problems have easy solutions that can ensure lower cost and improve water heater longevity. The most common water heater problems are caused by improper air circulation and negligence. Developing awareness about your... (read more)
Author: Jeff Spira
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19. Which are the Best Pet Meds and Pet Foods for your Pet?
June 29, 2009
Feed your pet the right pet foods and it will grow to be a healthy pet. Also, you should take care of your pet and give him the right pet meds when it needs it. Read more about pet meds and pet foods. If you are a pet lover, you will understand the trouble and pain that pets go through whenever they fall sick. Pets are more playful and active than human beings, and any illness or sickness that lays them sleeping is as much as a frustration as it is sickening. As a pet owner, it is your duty to ensure that your pet does not fall sick due to negligence on your part or because of the unavailabil... (read more)
Author: Mark Stimpson
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20. Los Angeles Personal Injury Attorney
June 29, 2009
You are going out your way but you have injured due to carelessness, negligence or any wrongful action of other people. Another thing is that accidents are unpredictable and these can happen to anyone at anytime like got injured striking with vehicles, caught in fire and any other unfortunate mishap. In such cases, if you are innocent and it is the fault of the third party, then you can claim compensation in the form of monetary damages for medical bills and reimbursements for pain and suffering. If you are living in Los Angeles and got personal injury and it was not your fault and need t... (read more)
Author: rob bren
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21. Your New York Personal Injury Lawyer - How to Find One
June 23, 2009
People in New York need to seek the legal counsel of a smart New York personal injury lawyer when they've suffered a physical or psychological injury due to the negligence or wrongful act of a business or another private individual. The best way to protect yourself or loved ones from the unfortunate case of an injury which could befall you at anytime is by hiring a personal injury lawyer.Each state has unique laws that govern the requirements of the personal injury action process. A personal injury lawyer from New York is aware of the legal system of New York inside out. The categories of inju... (read more)
Author: Cameron Lowe
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22. New York Personal Injury Attorney - How to Find One
June 23, 2009
When you or any member of your family is a victim of negligence, malpractice, or any physical and psychological injury by your physician, it is best to consult and hire a New York Personal injury attorney. You or a family member can become injured through no fault of your own from car accidents, medical malpractice, construction accidents, toxic exposures, faulty drugs, slip and falls, workplace events and elevators accidents. Regardless of the circumstances of an injury, if another party is to blame, contact a New York personal injury attorney.Compensation laws, damage awards, and statu... (read more)
Author: Troy Saunders
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23. New York Personal Injury Attorney - How to Find One
June 23, 2009
When you or any member of your family is a victim of negligence, malpractice, or any physical and psychological injury by your physician, it is best to consult and hire a New York Personal injury attorney. You or a family member can become injured through no fault of your own from car accidents, medical malpractice, construction accidents, toxic exposures, faulty drugs, slip and falls, workplace events and elevators accidents. No matter how your injury occurs, however, when someone else is at fault, call a New York personal injury attorney.Every state has their own unique legal standard... (read more)
Author: Alejandro Riddle
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24. Self-Defense Law in Canada
June 22, 2009
Self-Defense is one of the most controversial of all the possible law problems mostly because it is usually hard to define when it self defense and when not. In Canada self-defense is defined in the Canadian Criminal Code. In the common law tradition self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others. It can include the use of deadly force in some countries, but in Canada it must be not intended to cause death or grievous bodily harm, except for situations when it is caused under reasonable ap... (read more)
Author: Kevn Smith
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25. Human Rights Law in Canada
June 22, 2009
Worldwide Canada is considered to be one of the leading countries that support the global human rights movement. The history of Human Rights Law in Canada begins in the advent of the Canadian Bill of Rights, before that the human rights issues were usually regulated with single court cases and the verdicts of such cases were used to regulate similar situations. In 1938 by the decision of Reference re Alberta Statutes, the Supreme Court of Canada first recognized an implied bill of rights. The case revolved around an Albertan law that prohibited the press from criticizing the government. Anothe... (read more)
Author: Kevn Smith
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