Sentences with phrase «negligence standard»

A comparative negligence standard will reduce insurance costs and promote additional public and private capital investments.

The court explained that in premises liability claims concerning a breach of the general negligence standard, «mere speculation» as to causation is not enough to show causation and prevent summary judgment.

Alternatively, under a comparative negligence standard, the court will evaluate the facts of the case and determine how much fault both the plaintiff and defendant are for the plaintiff's injury.

Private pilots are not regulated by federal law, so they are only held to the typical negligence standard which requires them to possess the skills of an average pilot and to use reasonable care.

However, in Florida, the general negligence standard does not apply when an injury is caused by a defect or a dangerous condition in the premises.

Under Maryland's contributory negligence standard, if the victim is found to have been 1 % negligent and that negligence contributed — even minutely — to the plaintiff's own injuries, it bars them from seeking damages of any kind.

In this case, the Court noted that the negligence claim was not predicated simply to the placement of the decedent in hospice care, an act that would likely be subject to ordinary negligence standards, but rather on the treatment provided to the decedent after she was placed in hospice care.

We on the govt side asked them if we could then set a kind of negligence standard for defamation — if the defamer had met the usual ethical standards for journalists, then there would be no or less liability.

Assembly Majority Leader Joe Morelle has proposed legislation that would amend the law «by applying comparative negligence standards to a recalcitrant worker.»

For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.

Similar to negligence standards, reasonable cybersecurity has the potential to create many debates and proceedings, such as in Harleysville.

In toxic tort causes, courts usually apply a negligence standard rather than strict liability.

Indiana applies a negligence standard to sports injuries, but allows for consideration of the risks inherent in any sporting activity.

The duty of care owed by occupiers to their visitors may be enshrined in statute but it is, to all intents and purposes, a negligence standard.

In American law, personal injury statutes are generally either based on a contributory negligence or a comparative negligence standard.

Dog bite cases against landlords for a bite caused by a tenant's dog to another tenant, or visitor, are governed by a negligence standard.

I think that as the state Bars do this, they're putting a negligence standard in that it's just expected.

After the facts are analyzed, the negligence standard is applied to determine legal responsibility for the accident.

In states with a comparative negligence standard, responsibility for an accident is allocated according to the degree of fault of the people involved in the accident.

There are instances wherein the state limits the kind of cases to which the negligence standards are applicable to.