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Tag Archive : negligence

Negligence in Employment in Canada

Negligence in Employment in Canada

Negligence in employment covers several actions in tort law, mainly when an employer is responsible for the accident (or other tortuous act) caused by the employee. The employer in this case is negligent in providing the employee with the ability to create this situation. A person who is claiming negligence must prove that the defendant owed them a duty of care, that this duty was breached and that the claimant was injured as a result of the duty breach. This duty exists only if the injury is labeled as “reasonably foreseeable” (can cause the harm of the type which occurred at the current accident). The claimant must also be the person for whom the harm would be a “reasonably foreseeable consequence”. Generally the law divides Negligence in employment in four scenarios: negligent hiring, negligent retention, negligent supervision and negligent training.

Negligent Hiring

Negligent hiring is a situation when the employer hires the employee ignoring some of his work records that pointed to the fact that the accident can occur. This is one of the cornerstones of negligence in employment, because at this point everything depends on the actions of the employer and his professional skills …

Suffering From a Medical Negligence? A Medical Compensation Lawyer Can Help

Suffering From a Medical Negligence? A Medical Compensation Lawyer Can Help In times of a medical emergency, a person has no other option than trusting his doctor. Whatever the doctors say is religiously followed by the patients and their relatives. A medical ailing brings about not only physical suffering but also mental anxiety. The worst thing that can happen at such a time is negligence of the doctor. However, the patients who suffer from such negligence can get legitimate compensation for their agony from the court. There is a proper procedure that is followed to provide help to the victims.

First of all, the victim who is the patient in this case has to present sufficient proofs to show that the doctor was not paying attention to him and he is the one who is solely responsible for his condition. In such a case, the doctor owes a ‘duty of care’ to his patient and the victim can make a medical negligence claim against him. Thus it is very important that his liability is proven. The legal responsibility of a doctor or any of his assistants is to provide the required care for the patient presently being attended. A conduct …