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.
Not exact matches
Negligence is defined as a violation of a
standard of care that any
ordinary person would take to ensure otherâ $ ™ s safety.
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.
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.
To determine whether your conduct constitutes contributory
negligence, the legal
standard is whether you used the
ordinary care that a reasonable person would use — the same
standard applies to you and the other individual (s) involved in the accident.
California law requires criminal
negligence, which is a much higher
standard than
ordinary negligence.