Sentences with phrase «exercising ordinary care»

In defense, you would have to prove to the court that you were exercising ordinary care: you had your vehicle under control, were paying attention, and were following at a safe distance.

Since drivers have no duty to anticipate others» negligence, you can escape liability if you show that the other driver negligently created circumstances that would cause any person exercising ordinary care to get into an accident.

The standard that is applied is whether a reasonable person exercising ordinary care would have been aware of the condition and fixed it or warned about it.

We will meet our duty to care for your Collateral Account if we exercise ordinary care in the transaction at issue.

Of course, in a situation like that, the passenger's failure to exercise any ordinary care for his or her own safety is usually the reason why this decision is made.

The argument will be made that both parties failed to exercise ordinary care.

In such cases, the landowner has a duty to exercise ordinary care for the safety of those lawfully on the property, i.e. making sure a dark stairway is always adequately lit.

A Brownsville and San Antonio product liability lawyer can prove that their inability to exercise ordinary care led to injury or death.

Therefore, the court found, when the evidence was viewed in favor of the plaintiff, there was a genuine issue of material fact as to whether the defendant driver failed to exercise ordinary care (the standard for Georgia ordinary negligence cases) in parking his truck in front of his home and was therefore potentially negligent.

Homeowners also owe licensees the duty to exercise ordinary care to keep the premises safe while licensees are present as well as to warn them of any hidden dangers.

Once a homeowner is aware that a trespasser is present on his land or can expect or anticipate the trespasser's presence, however, a duty to exercise ordinary care for the trespasser's safety arises.

But you can also defend yourself by proving that the other car's driver failed to exercise ordinary care by stopping suddenly.

The law requires that every person exercises ordinary care while operating a vehicle.

Not exact matches

Legal malpractice in the 7th Edition of Black's defined as: «A lawyer's failure to exercise the degree of care and skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

Anyone who gets into a motor vehicle in Florida has a duty to exercise ordinary and reasonable care for their own safety.

Here, the left - turn driver must be shown to have (1) failed to meet the ordinary duty of care that a driver must use when operating the motor vehicle and (2) failed to exercise proper care in the left turn itself.

Constructive Knowledge This can be a little more complicated, as constructive knowledge is inferred by the court if Landowner puts forth no evidence of a «reasonable» inspection procedure to comply with its statutory duty quoted above) and (2) that, despite the exercise of ordinary care, Plaintiff lacked knowledge of the hazard due to actions or conditions within the Landowner's control.

This is usually the amount of care an ordinary person would exercise in similar conditions.

Negligence is the lack of ordinary care; that is, the absence of the kind of care a reasonably prudent and careful person would exercise in similar circumstances.

In accidents that occur in intersections, it can be difficult to determine which driver was failing to exercise an ordinary duty of care.

In the context of an automobile accident, the plaintiff generally sues the defendant for a failure of exercising «ordinary care» in the operation of his or her vehicle.

The notice requirement is met if the unsafe condition existed long enough for the hotel to discover it in the exercise of ordinary care.

Negligence is defined as «A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.»

This may be actual notice — that is the landowner is aware that there is a broken stair, for example, or that someone spilled a bottle of olive oil in the grocery store aisle — or it may be «constructive notice» — that is, a responsible owner, in the exercise of ordinary care would or should know of the dangerous condition.

Maybe it's time to forget about all those «ordinary» resolutions (eat less, exercise more, etc.) and let bitcoin take care of some of your problems.