Sentences with phrase «ordinary care»

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

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

Owners have to use ordinary care in preventing injury.

All motorists have a legal duty to operate their motor vehicles with ordinary care, meaning that they must obey the traffic laws and to drive cautiously.

If your dog is shedding and you do not see any skin irritation, then ordinary care is probably fine.

A driver is negligent when he or she breaches the duty of ordinary care, and in doing so causes injuries to another.

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.

You must use ordinary care to secure them, of course.

Visitors to a private nursing home are usually considered invitees of the home; as such, the nursing owes them a duty of ordinary care for their safety.

An Iowa statute protects a «transferor... [from liability] for the error, inaccuracy, or omission in information required in a disclosure statement, unless that person has actual knowledge of the inaccuracy, or fails to exercise ordinary care in obtaining the information.»

That said, the burden is on the defendant to prove: (i) that the claimant failed to take ordinary care of himself, ie to take such care as a reasonable man would take for his own safety by not wearing a helmet), and (ii) that his failure was a contributory cause of the damage.

FDAC families who were reunited at the end of proceedings had lower rates of neglect or abuse in the first year following reunification than reunited families who had been through ordinary care proceedings.

An independent evaluation carried out in May 2014 by Brunel University found that FDAC families had higher rates of family reunification (35 %) than those who had been through ordinary care proceedings (19 %).

They claimed that business owners always owe a duty of ordinary care under the circumstances to their customers, and that the foreseeability of any harm should not affect the existence of that duty.

Travelling with a baby is a challenge itself because they need extra ordinary care.

As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself, or share the loss with us if we failed to use ordinary care which substantially contributes to the loss.

Thus, if it's rainy or foggy, the duty of ordinary care dictates that a driver should drive slowly and apply the brakes earlier than under normal conditions.

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

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.

According to Massachusetts law, drivers must operate their vehicles with the same ordinary care and skill that a reasonable and prudent driver would use.

A driver's duty of ordinary care consists in keeping the vehicle under control at all times so as to avoid hitting other vehicles, pedestrians, and any other people or property on or along side the roadway.

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

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.

iii.All shipments containing liquids are required to be packaged as to insure safe carriage with ordinary care in handling.

Negligence is just failure to take ordinary care and caution.

Generally, business owners owe their customers, or «invitees,» what is called a duty of ordinary care under the circumstances.

FDAC mothers had higher rates of substance misuse cessation (40 %) than those who had been through ordinary care proceedings (25 %).

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.

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.»

This is not meant to belittle the dignity and importance of the «ordinary care of souls» with its unselfish service and its daily burden.

This is aggravated by the tendency, due to various reasons including financial ones, to employ even the regular clergy in the ordinary care of souls.

«Ordinary care» requires only that the Bank follow standards that do not vary unreasonably from the general standards followed by similarly situated banks.

When the Bank takes an item for processing by automated means, «ordinary care» does not require that the Bank examine the item.

Instead, it may be based on careless behavior on the part of the other driver, such as speeding, texting while driving, violating a traffic rule, or otherwise not acting with the ordinary care another person would have exhibited.

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.

In any case, business property owners do have a responsibility to use «ordinary care» in keeping the site reasonably safe.

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.

If the manufacturer was aware of complaints regarding a certain feature of the car and failed to remedy the defect by incorporating in its vehicles a safety feature that would have rendered the car safer, it may be liable for failing to exercise ordinary care.

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

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

Specifically, «under the influence» means that your «mental or physical abilities are so impaired that [you are] no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.»

The landowner knew, or in the exercise of ordinary care should have known that the condition of his property involved an unreasonable risk of harm to persons on the premises