Expert Opinion Foreseeability of Harm and the Healthcare Provider The author states "In defending the healthcare provider accused of causing harm to a patient, it is important to recall that ...

It has been held by the Court of Appeals that foreseeability of risk is an essential element of a fault-based negligence cause of action because the community deems a person at fault only when the ...

The concept of proximate cause requires foreseeability. That is, the injuries (in Kirkland case the resident deaths from COVID-19) must be a foreseeable result of any breach of duty by the facility.

‘The question is whether the judge was correct to use the concept of reasonable foreseeability in the classic common law manner when assessing liability under the regulations.’ These are the ...

‘Suitability’ is defined by reference to the test of reasonable foreseeability, but in statute the test is different to the common law, for the defendant will not escape responsibility unless ...

On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh ...

First, I am not sure I agree with their conclusion that the trial court embraced the utilitarian foreseeability standard that now prevails in most American jurisdictions. In doing so, it rejected ...

so the first question is always foreseeability," he said. Taking defensive steps means keeping your facility doors locked and having no trespassing signs posted, he said. Fencing and gating are ...