Sentences with phrase «used under the same circumstances»

In regard to the first thing you need to prove, negligence is the failure of the other driver to use reasonable care, which is the care that a careful driver would have used under the same circumstances.

In regard to the first thing you need to prove, negligence is the failure of the person at fault to use reasonable care, which is the care that a reasonably careful person would have used under the same circumstances.

Not exact matches

«Plaintiffs failed to use and exercise... the proper care and precautions which a reasonable prudent person under the same or similar circumstances would have exercised,» attorneys for Oakmont Senior Living wrote in a response to the lawsuit.

In 2007 the Committee used the same justification to attack Honduras» restrictive abortion laws, recommending «that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...»

Using competitive equity factors, a school such as Independence - San Jose, which has 3,260 students but only two winning seasons in the last 10, would not be in the same playoff division in the CCS as Bellarmine Prep - San Jose under any circumstances.

Subsequently, by virtue of defining that an adult and infant are unable to safely sleep on the same surface together, such as what occurs during bedsharing, even when all known adverse bedsharing risk factors are absent and safe bedsharing practices involving breastfeeding mothers are followed, an infant that dies while sharing a sleeping surface with his / her mother is labeled a SUID, and not SIDS.26 In this way the infant death statistics increasingly supplement the idea that bedsharing is inherently and always hazardous and lend credence, artificially, to the belief that under no circumstance can a mother, breastfeeding or not, safely care for, or protect her infant if asleep together in a bed.27 The legitimacy of such a sweeping inference is highly problematic, we argue, in light of the fact that when careful and complete examination of death scenes, the results revealed that 99 % of bedsharing deaths could be explained by the presence of at least one and usually multiple independent risk factors for SIDS such as maternal smoking, prone infant sleep, use of alcohol and / or drugs by the bedsharing adults.28 Moreover, this new ideology is especially troubling because it leads to condemnations of bedsharing parents that border on charges of being neglectful and / or abusive.

Based on our data, autologous stem cell transplant should be considered the standard of care for patients with HIV - related lymphomas for the same indications and under the same circumstances that we would use it in patients without HIV infection.»

Maggie Siff Online only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog / site where the comment was left.

Wise Money Tips only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog / site where the comment was left.

Best Credit Repair only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog / site where the comment was left.

Debt Consolidation Programs only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog / site where the comment was left.

Metal Gear Informer only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog / site where the comment was left.

Twin Galaxies only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Later on, Blood Pines appear in Iguanagon's Realm, where they are used as weapons against Iguanagon; they also appear under the same circumstances in the Star Fruit Kingdom's level Asteroid Belt.

If we can't concede something so basic and fundamental to science (you do not, under any circumstances, publish a graph that is knowingly in error) then how are we possibly going to trust those same principles with things that aren't nearly as cut and dry (oh say things like the use of «novel» statistics to overstate one's case on previous temperatures or «novel» statistics that spread warming from one side of the Antarctic to the other)?

Finally, AG Saugmandsgaard ØE rejects the argument that the circumstances of the case under consideration are comparable to those which gave rise to the Court's pronouncements in Essent Netwerk and Association Vent de Colère, and warrant thereby the same positive conclusion as to the use of State resources.

The appropriate level of care refers to the type of care that a prudent physician in the same specialty would have used under the same or similar circumstances.

such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the person, taking into consideration all of the facts and circumstances known to the person at the time of [and prior to] the incident.

If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a civil proceeding that could be used against him or her in future criminal or civil proceedings or private civil litigation.82 In addition, testifying in a civil or criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or administrative proceeding.84 Moreover, an individual's assertion of the privilege in a civil proceeding could factor into law enforcement's charging decisions.

Medical malpractice is a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.

TCEA 2007 permits CRAR to be used after a lease has ended in relation to sums which fell due before the expiry of the lease, but only in limited circumstances, namely: - where control of the goods in question was taken before the expiry of the lease; or - all the following are satisfied: - the lease did not end by forfeiture; - not more than six months have passed since the lease came to an end; - the rent is due from the person who was the tenant at the end of the lease; - that person remains in possession of the premises; and - any new lease under which they remain in possession is a lease of commercial premises and the landlord remains the same.

But even if you do have to use it, you're in a far better position than someone who isn't insured under the same circumstances.

Peet Asia Pte Ltd only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Jason Fox Real Estate Marketing only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally - identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog / site where the comment was left.