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Simple English definitions for legal terms

heeding presumption

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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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JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
Dkk
9:16
@renard99: Poetic and nice.
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