The court looked at the general rule in California, that "[a]ll persons are required to use ordinary care
to prevent others being injured as the result of their conduct." (41) The court then reasoned that
Since 1939, negligence law has been codified broadly: "Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care
or skill, subject in the latter cases to the defense of contributory negligence." (125) Thereafter, the South Dakota Supreme Court limited the statute's application when it stated that "[South Dakota Codified Law section 20-9-1] simply recognizes the right of injured persons to recover from wrongdoers who fail to exercise ordinary care
It does not absolve First Union of its duty to use ordinary care
and good faith.
(39) Since the petition failed to allege that the defendant should have known of the loose floorboard, the plaintiff failed to allege that the defendant breached its duty to exercise ordinary care
But the appellate court held that a plain reading of the statute together with the definition of "insurance producer" established that "any person required to be licensed to sell, solicit, or negotiate insurance has a duty to exercise ordinary care
in procuring insurance." Accordingly, the appellate court concluded that as an insurance producer, Lessaris owed the plaintiffs a duty of care in procuring insurance coverage for them.
, a less stringent standard of conduct.
Prices for ordinary care
payments are often determined in countless negotiations between doctors, hospitals, pharmacies, and insurers, with the result often depending on their relative negotiating power.
Account holders can reduce their chances of being held liable for check fraud losses for failing to exercise ordinary care
Iraqi diplomat has appreciated the program and paid tribute to MD Bait-Ul-Mal Zamurd Khan's efforts on providing extra ordinary care
to children in Sweet Homes, taking keen interest in the program he assured all possible cooperation for the extension of the programme.
Under each of these theories of recovery, the employer's liability rests upon proof that the employer knew or, through the exercise of ordinary care
, should have known that the employee's conduct would subject third parties to an unreasonable risk of harm.
Key Assets disability services have been designed in partnership with young people, families and professionals to meet the complex and ordinary care
needs of children and young people in Western Australia.
The jury instruction in the case quoted the good Samaritan rule adopted by the Wisconsin Supreme Court, which "requires one who voluntarily assumes a duty that is necessary for the protection of another to exercise ordinary care
in the performance of the duty, if the circumstances are such that the failure to do so increases the risk of harm to another""