Sentences with phrase «of ordinary negligence»

If the driver wasn't doing anything illegal but simply took her eyes off the road for a second to read the billboard she was passing, she is guilty of ordinary negligence.

Court Discusses What Constitutes a «Medical Malpractice» Claim, Versus a Claim of Ordinary Negligence, Indiana Injury Lawyer Blog, January 6, 2016

A recent case in front of a California appellate court illustrates one plaintiff's battle to classify his injury case as one of ordinary negligence.

Nava considered his claim to be one of ordinary negligence.

The plaintiff contended that the lawsuit was not one of medical malpractice, but of ordinary negligence, for which an expert is not required under state law.

Not exact matches

RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of GraOF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Graof Tails of Graof Gray.

In the event that Koch Media is hereby liable for ordinary negligence, the liability Koch Media will be limited to that damage / loss which is foreseeable and typical for this type of agreement.

The liability of Koch Media in relation to data and / or programs lost due to Koch Media's ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.

In relation to damage / loss caused by ordinary negligence, Koch Media shall only be liable insofar as the matter relates to a breach of material contractual duties.

Defined as a lack of ordinary care, negligence refers to the absence of the level of attention that would be considered as reasonably sensible and cautious.

Negligence is defined as a violation of a standard of care that any ordinary person would take to ensure otherâ $ ™ s safety.

Negligence, under the law, is a lack of ordinary care.

Under the negligence theory, a defendant is held liable for the results of actions, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others.

What happened was that Fieger attempted to pursue an ordinary negligence claim instead of medical malpractice after negligence was taken off the table.

However, the plaintiff (who had refiled under medical malpractice) brought the ordinary negligence theory again, despite the orders, and was awarded a staggering $ 20 million (one of the largest in state history and very unusual for someone so advanced in age).

California defines «negligence» as actions or inactions which show a, «want of ordinary care or skill in the management of his or her property or person.»

Decedent's husband brought a wrongful death action alleging ordinary negligence as well as corporate liability on the part of the hospital (decedent received surgery and emergency care at the same facility).

Negligence occurs when there's an ordinary, required responsibility on the part of a person or company to not cause harm.

Reasonable person standard — An adult is guilty of negligence if he or she fails to act the way a person of ordinary intelligence and judgment would have acted in similar circumstances.

«Negligence» should be understood in an untechnical way to denote failure to act with the competence reasonably expected or ordinary members of the profession, but an applicant for a wasted costs order had as high a burden as in an action for nNegligence» should be understood in an untechnical way to denote failure to act with the competence reasonably expected or ordinary members of the profession, but an applicant for a wasted costs order had as high a burden as in an action for negligencenegligence.

the conduct which qualifies as ordinary care when deciding a negligence action are those commensurate with the responsibility involved as a pedestrian as opposed to a driver and depend on the instrumentality being used or the act being performed as related to all of the surrounding circumstances of the accident.

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.

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.

Plaintiff's injury lawyer says that while a fair amount of nursing home negligence cases involve some allegation of medical malpractice, this issue was one of «basic common sense» and ordinary negligence.

In the middle of the spectrum, we might find concepts like «ordinary negligence» which involves a greater degree of carelessness.

Thus, the determination of whether Nava's claim was one of medical malpractice or ordinary negligence became crucial.

Therefore, a few days before the two - year statute of limitations for ordinary negligence cases was to expire, Nava filed a personal injury case against Saddleback.

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 some ways, it is easier for someone who is injured by a dangerous product to recover financial compensation for their injuries and other losses than it is for a person who is injured by the ordinary negligence of another person.

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.»

For example, while ordinary medical mistakes by a medical doctor such as confusing two drugs with similar names or putting the decimal point in a prescription dosage, causing harm to a patient, would not ordinarily result in criminal liability, coming into an operating room while too drunk to drive and without reviewing which limb of a patient needs to be amputated despite a clear indication in marker on the leg of a patient showing that fact, might constitute criminal negligence on the part of a medical doctor.

The Nova Scotia Supreme Court found that an employee's liability to an employer for ordinary negligence did not give rise to a prima facie duty of care.