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"Reasonable people," Judge Johnstone wrote, "would not conclude that it was foreseeable to defendants that Michael Carneal, a boy who played their games, watched their movies and viewed their Web site materials would murder his classmates".
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Whether a duty exists is based in large part on whether the type of harm suffered is foreseeable to the product manufacturer and whether the way the product was being used at the time was also foreseeable.
This may have been foreseeable to some degree, to the extent that patients with comparatively lower privilege levels (i.e., those with no leave access or those requiring staff accompaniment) grew increasingly frustrated during the initial policy implementation when leave requests were held and then reviewed with increased scrutiny.
He said there was nothing to suggest it was foreseeable in general terms to the teaching staff that any pupil might seek to poison a teacher, and it was not foreseeable in respect of the pupil concerned in particular.
As was foreseeable, nursing activity was proven to be heterogeneous within DRGs.
This emergency was foreseeable.
Each of these problems was foreseeable.
"Even if it was foreseeable, it is no less painful".
That, too, was foreseeable.
So concession was foreseeable.
The tragedy is that this was foreseeable.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com