Operational Negligence Sample Clauses
The Operational Negligence clause defines the responsibilities and liabilities of parties in the event that one party fails to exercise reasonable care in the performance of operational duties. Typically, this clause outlines what constitutes negligence in the context of day-to-day operations, such as failing to follow established safety protocols or not maintaining equipment properly. Its core function is to allocate risk by clarifying when a party may be held liable for damages or losses resulting from negligent operational conduct, thereby encouraging adherence to professional standards and reducing disputes over fault.
Operational Negligence. The Province breached its duty of care to Residents through its negligent regulation, oversight and control of the Facility. 140. At material times hereto, the Province had made the decision to, and had assumed responsibility for, funding a significant portion of the costs incurred in the operation of the Long-Term Care Facility. The Province thus had a duty to have a reasonable funding scheme, based on the number of residents, known accommodation space and issues, the condition of the Long-Term Care Facility and other factors indicating need. The Province further owed the residents of the Long-Term Care Facility a duty to maintain adequate and reasonable funding of the Long-Term Care Facility to ensure its safe operation and to refrain from sudden, arbitrary reductions in funding that posed a known risk to the health and safety of vulnerable elderly persons residing in the Facility. 141. It is reasonably foreseeable that a failure to adhere to the standard of care could cause significant harm to the Residents, Plaintiff and Class. 142. Particulars of the operational negligence of the Province include, but are not limited to, the following:
Operational Negligence. 95. 122. At the material times, the DefendantsNorthwood Halifax owed a duty of care to Residents to take reasonable care, and implement reasonable practices, policies and procedures, to prevent the spread of COVID-19 within the Long-Term Care Facility that houses the Residents, who are vulnerable and elderly. The DefendantsNorthwood Halifax breached the requisite standard of care by acting negligently, and/or failing to act at all, in the face of a global pandemic, spread through human-to- human contact, with potentially lethal complications for elderly persons. Such negligence includes, but is not limited to, the following:
a. the DefendantsNorthwood Halifax chose not to exercise reasonable care in implementing practices, procedures, and/or policies to prevent and/or control the spread of COVID-19 in the Long-Term Care Facility;
b. the DefendantsNorthwood Halifax did not take all reasonable and necessary steps to mitigate and/or control the risks posed by the design of their Long-Term Care Facility, including its shared private and communal spaces and its crowded nature;
c. the DefendantsNorthwood Halifax did not require, enforce or facilitate adequate physical distancing or quarantine measures in a timely manner, or at all;
d. the DefendantsNorthwood Halifax chose not to restrict visitors, shipments, or dangerous person-to-person contact, including the known shared use of personal care items and an ice machine, in a timely and adequate manner, or at all;
e. the DefendantsNorthwood Halifax did not adequately limit or otherwise control staff members’ and Residents’ travel between different areas of the Long-Term Care Facility, in a timely and adequate manner; f. the DefendantsNorthwood Halifax chose not to administer sufficient COVID-19 testing in the Facility;