duty of reasonable care

Found 139 'duty of reasonable care' sentence examples to help you understand how to use duty of reasonable care in a sentence.

• Complaint did the plaintiffs allege the breach of any duty beyond the duty of reasonable care, nor did the plaintiffs allege any facts that, if true, would justify an award of punitive damages.
• Generally, an urban owner has a duty of reasonable care relative to his or her trees, including inspection to make sure that they are safe.
• The prima facie case for negligence is established by showing a duty of reasonable care, breach of the duty, actual and proximate cause and damage.
• Criminal defenseattorneys, like all attorneys, are held to a duty of reasonable care and mustexercise ordinary skill, knowledge, and diligence.
• MCS a duty of reasonable care to perform property inspection and preservation services in a good and workmanlike manner.
• As with the passengers, the boat owner owes a duty of reasonable care to make the vessel safe for its crew.
• FATICO owed Plaintiffs a duty of reasonable care in determining the existence of and disclosing clearly to Plaintiffs any and all encumbrances of record upon the subject property.
• Uber owed Plaintiff and the general public a duty of reasonable care in the hiring, training and supervision of its drivers.
• In plain English, a criminal escapee who enters your land is owed a duty of reasonable care.
• It thus would seem to make sense for courts to view the duty of reasonable care as the norm, and depart from that norm only in those cases where public policy justifies an exception to the general rul
• Stateu00d5s duty of reasonable care in maintaining its premises and protecting its invitees from a foreseeable risk of harm included a duty to protect Claimant from the concrete parking block at the c
• You may be okay with your children learning some tough lessons within reason but you still have a duty of reasonable care for any invited guests on your premises.
• In her negligence claim against Gulshan, Bauer alleged that Gulshan owed Emily a duty of reasonable care not to create an unreasonable risk of harm.
• The owner of a vessel traveling in navigable waters owes all passengers a duty of reasonable care.
• Due to this special relationship, the officer owes a duty of reasonable care to the arrestee.
• The onus is on the plaintiffs, as bailees, to prove that the loss was not caused by a breach of their duty of reasonable care.
• A person who engages in activities that pose an unreasonable risk toward others and their property that actually results in harm, breaches their duty of reasonable care.
• Court added that a professional who supplies information has a duty of reasonable care and competence to foreseeable parties who rely upon the information.
• The plaintiff rightfully assumed temporary control over him, and became charged with the same duty of reasonable care as any bailee.
• Defendants Fund and Commonwealth owed him a duty of reasonable care.
• Getting behind the wheel comes with a certain amount of responsibility, known in personal injury law as duty of reasonable care or due care.
• LEGAL ANALYSISThe law is well settled that visitors to State parks are invitees to whom the State owes a duty of reasonable care in maintaining the premises.
• According to the court, when the EMS practitionersundertook transportation of the client, they assumed a duty of reasonable care not only to her, but also to the home attendant.
• In our jurisprudence, a health care provider owes a duty of reasonable care to the patient.
• Under Shelton, the duty analysis is simply to determine the specific duty owed by the land possessor, besides the general duty of reasonable care.
• Kohler breached its duty of reasonable care in producing and designing its products.
• Everyone has a duty of reasonable care and it is for the jury to determine whether that duty has been breached.
• The common law duty of reasonable care owed to all lawful visitors by a landowner includes an obligation to maintain the premises in a reasonably safe condition.
• In the main, the cases applying the distinction often state that the urban owner has a duty of reasonable care relative to the tree, including inspection to make sure that it is safe.
• Such lawsuits could include allegations against the land trust of bodily injury, personal injury, or property damage, because the land trust has a duty of reasonable care to manage its property and it
• Defendants, and each of them, owed Plaintfif a duty of reasonable care to manufacture, distribute, sell, and administer safe epidural spinal steroid injections for her pain management.
• The question of whether the natural gas utility met that duty of reasonable care in proving natural gas services to customers was a question of fact.
• In Thompson, we examined a duty determination, but in the process we established that we ordinarily recognize a general duty of reasonable care without consideration of foreseeability, absent exceptio
• Employers have a duty of reasonable care to screen people who, when hired, may pose a threat of injury to fellow employees, members of the public, or the work environment.
• Carnival owed a duty of reasonable care under the circumstances, Judge Ungaro noted that the plaintiff would have to plead and prove actual or constructive notice of the dangerous conditions that were
• We first must decide whether Ralphs owed plaintiff a duty of reasonable care to avoid injury to her husband, decedent Adelelmo Cabral.
• Where goods are delivered to another under a bailment, it is the duty of the bailee to exercise reasonable care with respect to the property under the terms of the bailment.
• The tribunal found that the employer had a duty of care to take reasonable care for the safety of the victim and they did not do this.
• These allegations are not sufficient to draw reasonable inferences that Kibo knew of safety violations, or that a duty of due care required Kibo to inform Weinberg and Marron of the safety problems.
• In performing a delegated function, an agent owes a duty to the trustee to exercise reasonable care to comply with the terms of the delegation.
• For example, a statutory duty of care plies to directors and officers, requiring them to act honestly and in good faith with a view to the best interests of the corporation, and to exercise reasonable
• The employee owes a duty of care to take reasonable steps to prevent damage to the vehicle.
• The court ruled that if a therapist determines or reasonably should have determined that a patient poses a serious danger of violence to others, he bears a duty to exercise reasonable care to protect
• According to the appellant, the application of the common law duty of care would free the Court from the need to focus on how a reasonable driver exercising ordinary care would have navigated the road
• The reasonable duty of care can be determined by what type of guest you were at the time of the accident.
• This duty requires the plaintiff use ordinary care to seek medical treatment within a reasonable time to minimize the damages of an injury.
• Reasons of policy and principle justifying a departure from the general duty to exercise reasonable care do not depend on the foreseeability of harm based on the specific facts of a case.
• In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
• It is for a jury to determine whether, under the circumstances, Enterprise exercised reasonable care in meeting its duty to evaluate the present fitness of one to operate a car.
• ISS has also noted that, as a registered investment adviser, it has a fiduciary duty of care to make a reasonable investigation to determine that it is not basing vote recommendations on materially in
• As with the reasonable care standard, the rubrics of proximatecause and duty must neither delegitimize action nor legitimize indifferenceto the suffering that results from action.
• This refers to the duty of a person in exercising the same kind of care a reasonable person would in a similar situation.
• If a duty of care arises, the person who owes the duty must perform that duty, or must act to a reasonable standard.
• Advise Seller that he had a continuing duty of care towards the property and should take reasonable care to ensure that the property remains in the state in which it was at the date of the Contract.
• Determining the existence of a legal duty to use reasonable care under a particular set of facts is a question of law for the trial court to decide.
• Agreeing to assist someone with a case that is outside of your practice area, even if done for little or no cost, will not relieve you of your duty to use reasonable care when representing the client.
• Accordingly, as a consequence of the special relationship between colleges and their students, colleges generally owe a duty to use reasonable care to protect their students from foreseeable acts of v
• That limiting standard of conduct, due care, reasonable care under the circumstances, is called a duty.
• In appropriate circumstances the duty of care requires reasonable inquiry.
• Some Louisiana court of appeal decisions indicate the imposition of a greater duty based upon a combined requirement to act in good faith and to use reasonable care and skill in settlement of claims.
• Thus, it is the duty of an IP, under the Code, to take reasonable care and diligence while performing his duties, including incurring expenses.
• You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts.
• Employees also have a duty to take reasonable care for their own health and safety and of others.
• To prove the employer has met their duty of care, they must show that they did everything that was reasonable in the circumstances to keep the worker safe from harm.
• The contractor might not be insured against failures of design, and the liability might extend beyond the normal professional duty to exercise reasonable skill and care.
• Likewise, the defendant must be under a duty to use reasonable care; if he is not, violation of the statute cannot prove breach of duty.
• In such circumstances Services Australia may make a payment of compensation to a person for breaching its duty to exercise reasonable care.
• Code of Conduct includes provisions on duties to customers, including the duty to act with reasonable care and for the benefit of its customers and to deal fairly and objectively with all customers an
• On this interpretation, apportionment would not be available in a claim for breach of a strict contractual duty, even if the breach was caused by a failure to take reasonable care.
• By the common law, every trustee or receiver of an estate has the duty of exercising reasonable care in the custody of the fiduciary estate.
• Missouri courts have long held that a broker or agent who undertakes to procure insurance for another for compensation owes a duty of reasonable skill, care, and diligence in obtaining the requested i
• Allowing health clubs to dictate the terms of an agreement that eliminates their duty to exercise a reasonable degree of care toward their patrons is inconsistent with the public good.
• Physicians undertake the care of patients with the intent and the duty to make all reasonable efforts to help them.
• QVH also has a duty under common law to take reasonable care to ensure the health and safety of its employees.
• The University has the duty to exercise the degree of care that a reasonable person would to ensure that private and public events are conducted in accordance with state law.
• Patients have the right to safe and quality health care of an appropriate standard that encompasses the traditional duty of care, reasonable care and skill with patient safety and coordination of care
• Employees have a legal duty to take reasonable care for the Health and Safety of themselves and other persons who may be affected by their acts or omissions and to fully engage in the environmental po
• Is your organisation carrying out reasonable practices to ensure duty of Care?
• Under Canadian common law, all contracts entered into between a bank and its customers contain the implied duty of the bank to exercise reasonable care and skill in the performance of its banking serv
• In this case, Plaintiff is unable to show that Defendant breached any duty to Plaintiff in that Defendant failed to exercise reasonable care to reduce or eliminate a risk of harm.
• Duty of care is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use.
• Where there is no separate duty of care but a duty to perform a contractual undertaking with reasonable care and skill, there are conflicting decisions as to whether or not the Act should apply.
• Lemming Ridge, it would be a duty to take such care as in all the circumstances of the case was reasonable to see that he did not suffer injury or damage by reason of that danger.
• Landowners owe the highest duty to invitees: they must use reasonable care to guard against dangerous conditions of which they knew or should have known.
• Lenders have a duty to exercise reasonable care to see that payments to contractors are made in compliance with the construction lien law when the lender is given sole authority on behalf of the owner
• Disclosure of unknown defect not required; form does not constitute warranty; duty of buyer and prospective buyer to exercise reasonable care.
• It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.
• In addition, in all cases where a service provider has a duty of care, all reasonable steps must be taken to ensure the safety of the participants.
• It seems clear that the duty includes elements of both good faith and of reasonable care.
• The only duty which appellant must observe is that he exercise reasonable care and caution in removing his wall so as not to add to the unstable condition of the remaining interior wall.
• All drivers have a duty of care to take reasonable safety precautions while driving.
• Also in this category is the duty of mental health professionals to take reasonable care to protect third parties under particularized threat of harm from their patients.
• This includes a duty to take reasonable care, to provide a safe place of work and to protect employees from foreseeable risk of injury.
• This is encapsulated in the common law test which holds that an auditor would have discharged his duty by exercising the reasonable skill and care of an ordinary skilled person performing the same eng
• While an owner of premises is not an insurer of the safety of its patrons, the owner still owes them a duty to exercise reasonable care in keeping the premises reasonably safe.
• The Depositary also has a duty to take reasonable care to ensure that the Fund is managed in accordance with the Regulations and the Scheme documents of the Fund in relation to the investment and borr
• Amdocs shall use the same duty of care Amdocs uses to prevent disclosure that Amdocs uses for Amdocs Confidential Information of similar importance, but no less than reasonable care.
• Whether fair, just and reasonable to impose duty of care.
• Negligence is the failure to use reasonable care that results in injury or damage to a person to whom you owe a duty of care.
• The Board has a duty of care to make a reasonable inquiry when confronted with information about a possible risk.