Plaintiffs are aided by a legal doctrine known as "res ipsa loquitor" which holds that 'there will be a presumption of negligence on the part of the airline or pilot if the plaintiff can establish that the accident is of a kind that ordinarily does not occur absent someone's negligence; the accident was caused by an agency or instrumentality within the defendant's exclusive control; and, the accident was not due to any voluntary action or contribution of the plaintiff'.

This is not something that can be answered with a simple answer. In cases of snow and ice on city owned portions of sidewalks, the city can be held liable only if the injured party can prove "gross negligence." On private owned walkways, (portion leading to house from sidewalk) the homeowner could be liable. If there is a tenant, then it would depend on any contractual agreements between the owner and the tenant.

Incorporate Florida, Inc. is qualified to properly form your corporation and prepare your corporate documents, to protect you from personal liability. If properly formed and maintained, the personal assets of a shareholder cannot be reached by corporate creditors, due to the veil of protection afforded by the limited liability of the corporation.

Depending on state law and the circumstances of the case, any of the following may be held liable for medical malpractice: physicians, surgeons, anesthesiologists, nurses, pharmacists, medical technicians, hospitals, and managed care organizations (HMOs and PPOs).

Any passenger who is injured in an airplane accident, or the heirs of any passenger who is killed, are entitled to bring a lawsuit. Yes. Commercial airlines and companies that charge people to fly in their planes are considered "common carriers" and owe passengers the highest duty of care under the law to make sure that their travel is safe.

Both nursing homes and assisted living facilities can be held liable for punitive damages if their conduct is considered willful and wanton by showing a conscious disregard for the rights and safety of the resident. They are also called exemplary damages. Under Virginia law, no more than $350,000 can be awarded for punitive damages. Punitive damages are included in the general medical malpractice cap therefore you can not recover more than the medical malpractice cap.

A law recently passed by the Indiana legislature strengthens protection for landowners who allow people on their land to hunt, fish or trap. Farmers who might otherwise welcome responsible hunters on their land are often concerned about liability ? so concerned that they just refuse to allow anyone on their land. Horror stories have cropped up about innocent landowners being sued for thousands of dollars when clumsy hunters fell out of tree stands.

Yes. Unless you have a transfer clause in you lease, you can be liable for the remainder of the rent through the end of your lease or until the apartment is rented to another occupant.

A manager will not be held individually liable in an administrative complaint. However, the victim of discrimination may bring a civil action in court, and you could be held liable.

employer can be held liable or responsible for the negligence of an employee if the employee was acting within the course and scope of his/her employment at the time the negligence occurred. Whether an employee is acting within the course and scope of his/her employment depends upon a number of factors and often requires a complex factual and legal analysis. Return to FAQ menu.

For unintentional violation of the HIPAA regulations, the Department of Health & Human Services can levy: A fine up to $250,000 and 10 years if intent to sell, transfer, or use for commercial advantage, personal gain, or malicious harm Penalties may apply to the individual violator but they may also apply to the organization or even to its officers.

Unfortunately, there is potential for a liability problem. Even though "free" legal advice is often available on the net, I advise you to contact your attorney if you find this issue troubling. Some advocate having the buyer sign a "release form", which would be promise not to sue if anything goes wrong. These are essentially worthless... the buyer can't sign over his or her *spouse's* rights, nor those of any one he or she sells the airplane to.

Accidents occur as with just about any other sport, but on very rare occasions. Club and national activities are conducted under strict rules and guidelines that are in place to minimise the risk to pilots, organisers and spectators. Top

We are very proud to say that we carry out at every single performance our safety procedures that done correctly leave no room for error. Following these means that the fire should NEVER be out of our immediate control. We have an impeccable record and references can be provided upon request. Read more about Flaming Funs Safety.

Yes, section 64 of the Close Corporations Act 69 of 1984 specifically states that "If it at any time appears that any business of a corporation was or is being carried on recklessly, with gross negligence or with intent to defraud any person or for any fraudulent purpose, a Court may..

It is possible, particularly if you were to disclose information to a third party without consent where required, or if - as a manager - you become aware of a breach of the Act and take no action to remedy the position. In essence, however, the University's code of practice on data protection has the same status as other 'rules and regulations' which, if breached, can lead to disciplinary action.

ldquo;You understand that there are risks with any medical procedure, that there may be additional considerations or unforeseeable circumstances during the delivery of your Child and which may affect the collection of Cord Blood. The safety and care of the Child and mother are of primary concern. You therefore acknowledge and agree that the qualified medical professional may, for any reason and at their discretion, refuse to collect the Cord Blood.

Yes. If the nursing home accelerated the resident’s death by minutes or even seconds, it may be liable for their death. If the negligence caused the resident additional pain and suffering, the nursing home can be held reliable to the resident’s estate. In these cases, it is not necessary to prove that the resident would have survived if not for the negligence, but it must be proved that negligence occurred.