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Simple English definitions for legal terms

heeding presumption

Read a random definition: Mahanoy Area School District v. B.L.

A quick definition of heeding presumption:

A heeding presumption is when a court assumes that someone would have followed a warning label if it had been provided. This can be used in cases where someone was injured by a product and claims that the manufacturer did not provide adequate warning. The presumption can be overcome if the manufacturer can provide evidence that the injured person would not have followed the warning even if it had been provided.

A more thorough explanation:

The heeding presumption is a legal inference or assumption that a product user would have followed a warning label had the product manufacturer provided one. It is a rebuttable presumption, meaning that the opposing party can attempt to overcome it with other evidence.

For example, if a person is injured while using a product that did not have a warning label, they may argue that the manufacturer should have provided one. The heeding presumption would assume that the injured person would have followed the warning label if it had been provided, and therefore the injury could have been prevented. However, the manufacturer could try to overcome this presumption by presenting evidence that the injured person had a history of not following warning labels.

The heeding presumption is often used in products liability cases, where a manufacturer may be held responsible for injuries caused by their product. By assuming that a warning label would have been followed, the burden of proof shifts to the manufacturer to prove otherwise.

hedonistic utilitarianism | heedlessness

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Dkk
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Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
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I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
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i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
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I want to go running but my leg feels weird
windyMagician
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it doesn't hurt its just tingly
Dkk
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It needs more alcohol. You tingle when your nerves need watering.
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try stretching it maybe to see what's up
windyMagician
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stretches make me think it's just soreness
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I'm sober lol
Dkk
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Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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what.jpg @Dkk
CynicalOops
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You think you just fell out of a coconut tree?
jackfrost11770
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nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
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@jackfrost11770: if you want but like it aint for me
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