Comment

Overnight Open Thread

435
Flyers19748/31/2009 5:27:55 am PDT

re: #361 laZardo

Define “negligence.”

/hence the need for tort reform.

The failure to use reasonable care. In a medmal case, failure to follow the accepted standards (depending on the state of course.) But to recover in a tort case, you also need causation between this failure to use reasonable care and the damage which occurred. You can have all the f-ups you want, but if they didn’t cause the death or injury, no recovery.