This, they say, results in a lower aggregate level of care than under a negligence standard.
The case was decided by a jury which was instructed by Judge Samuel Mandelbaum in accordance with this negligence standard.
Violations of the duty of care are reviewed under a gross negligence standard, as opposed to simple negligence.
A negligence standard is seldom used in the criminal law.
It is much easier for plaintiffs to win libel suits under the negligence standard.
Although the damages must correspond to the degree of fault, the comparative negligence standard does not bar a jury from granting a large punitive award.
For an auditor, "those suits are particularly dangerous because they're based on a negligence standard as opposed to fraud standard."
Under a negligence standard, Burlington cannot be held liable for Slowick's conduct.
This is the usual objective negligence standard.
The court's elimination of other special negligence standards made it likely that it might also strike the standard for transportation cases, she said.