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It's a big, entirely foreseeable danger.
But, more important, he dismissed Ms. Palsgraf's claim because she was "outside the zone of foreseeable danger" and therefore was not owed a duty.
"The sole issue is whether the defendant acted reasonably in light of the prevailing weather conditions to minimize a foreseeable danger," Judge Nadel wrote, later adding that the state "had ample time and opportunity to properly react to the worsening weather conditions and minimize the foreseeable danger of a large windswept beach umbrella".
Second, companies have to provide sufficient warning of "foreseeable" danger.
Second, companies have to provide sufficient warning of "foreseeable" danger; hence the proliferation of all those goofy warning labels on product packaging and company Web sites.
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If the appropriate benchmark for permissible risk of harm to future generations is sexual reproduction, other germline-changing techniques would need to demonstrate severe foreseeable dangers to fail.
I expect Disney to be safe, like the Four Seasons of amusement parks, to anticipate and correct all foreseeable dangers and discomforts.
Indeed, well before Basso extended the landowner's duty of reasonable care to all categories of persons who come onto the property, it was well established that "the municipality which extends to its citizens an invitation to enter and use recreational areas owes to those accepting that invitation a duty of reasonable and ordinary care against foreseeable dangers.
In this sense, it also serves as a guide against enemies and foreseeable dangers in a procession.
The university is being sued, as is the theater chain, for alleged negligence concerning what has been characterized as foreseeable dangers to the public.
The Secretary or agency head may, by regulation or stipulation, impose a standard of strict liability to govern activities taking place on a right-of-way or permit area which the Secretary or agency head determines, in his discretion, to present a foreseeable hazard or risk of danger to the United States.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com