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TORT LIABILITY FOR VIOLATION OF A LEGISLATIVE PROVISION

If a legislative provision protects a certain class of persons by prohibiting or by requiring certain conduct, a person may commit a tort for violating that legislative provision, even if the legislative provision does not include a remedy for the violation. An injured member of that class of persons may be entitled to a tort... » read more

Evidence of breach of duty

In order to prove that an insurer breached its duty of good faith and fair dealing in failing to settle a third party’s action against an insured, the insured may present evidence of the following: the probability of the insured’s liability to the third party the extent of damages recoverable in excess of policy coverage... » read more

Bad Faith of Insurer – Failure to Settle

By virtue of its contract with an insured, an insurer is under a duty to exercise good faith and fair dealing with regard to the insured’s rights under the contract. This duty requires the insurer to act so as not to prevent the insured from receiving the benefits of the agreement. In most jurisdictions, the... » read more

Who is Liable for Anesthesia Errors?

Anesthesia has a beneficial purpose, to alleviate pain and discomfort during otherwise unpleasant medical procedures. While this is an admirable idea, if something goes wrong during administration or the procedure, the results can be severe causing injuries and possibly death. Who is liable for anesthesia errors? Due to the possible risks, doctors and other health... » read more

Who is Liable for Whiplash Injuries?

Whiplash is a serious condition that affects millions of people in the United States every year. Whiplash happens when there is damage to the neck and sometimes back due to a sudden motion, causing the neck to overextend. When it occurs there is damage to the delicate tissues of the bone and spinal cord in... » read more

Who is Liable for Falls on Construction Sites?

According to the US Department of Labor 721 construction workers died in workplace accidents in 2011. Falls accounted for the most, 251 of the 35%. Out of the top then Occupational Health and Safety Act standard violations that same year, scaffolding, ladders and fall protection were amongst them. Falls on construction sites have become such... » read more