Search results
Results from the WOW.Com Content Network
A finding in those states that a defendant's conduct was "wanton," "reckless" or "despicable", rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.
Gross negligence may thus be described as reflecting "the want of even slight or scant care", falling below the level of care that even a careless person would be expected to follow. [3] While some jurisdictions equate the culpability of gross negligence with that of recklessness, most differentiate it from simple negligence in its degree. [3]
Comparative negligence is a partial legal defence that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury, which progressively displaced the erstwhile traditional doctrine of contributory negligence over the ...
Jan. 4—CHEYENNE — Lawyers representing Cheyenne Regional Medical Center have asked a federal judge to dismiss a lawsuit alleging that hospital staff denied someone with serious injuries ...
William O. Douglas, on the other hand, felt that libel laws were too strict even as it was, and that leaving liability standards for private figures up to the states was too capricious: This of course leaves the simple negligence standard as an option with the jury free to impose damages upon a finding that the publisher failed to act as "a ...
The tort of negligence is a cause of action leading to relief designed to protect legal rights [g] from actions which, although unintentional, nevertheless cause some form of legal harm to the plaintiff. In order to win an action for negligence, a plaintiff must prove: duty, breach of duty, causation, scope of liability, and damages.
Negligence can lead to this sort of collision: a train wreck at Gare Montparnasse in 1895. Sometimes factual causation is distinguished from 'legal causation' to avert the danger of defendants being exposed to, in the words of Cardozo, J., "liability in an indeterminate amount for an indeterminate time to an indeterminate class."
WASHINGTON — A Capitol riot defendant who waded through tear gas behind a pro-Donald Trump mob pursuing police officers inside the U.S. Capitol on Jan. 6 advanced to a GOP runoff in a Georgia ...