Search for: ""duty to warn""
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29 Jul 2014, 9:57 am
The Third District also acknowledged that there was no general rule for determining whether a manufacturer may rely on an intermediary to warn end-users, thereby discharging its own duty to warn. [read post]
3 Apr 2008, 7:27 am
One aspect of the rule that we've touched on, but haven't really explored in depth is the effect of the rule on causation in duty to warn claims.Concerning causation, the first thing anybody has to understand about failure to warn claims is that there's two types of causation: The first is whether the drug (or any product, for that matter) caused the plaintiff to suffer the injury that s/he claims. [read post]
21 Jul 2014, 4:41 am
An individual who “knowingly violates” the duty to warn specified in the legislation “shall be fined … imprisoned under this title, or both. [read post]
8 May 2013, 9:34 am
8 May 2013, 9:34 am
6 Mar 2013, 7:24 am
In addition, stores only have the duty to warn when they have superior knowledge in slip-and-fall cases. [read post]
16 Nov 2012, 7:14 pm
In the case of a licensee, the property owner has a duty to warn about conditions on the property that the owner knows are harmful. [read post]
16 Jun 2014, 9:12 am
The defendant manufacturer’s duty to warn runs to the prescribing doctor and, since that doctor knew the risk of the injury when he prescribed the drug, the causation chain is severed. [read post]
Tennessee Court of Appeals Held Owner of Parking Lot Owed No Duty of Care to Trip and Fall Plaintiff
19 Feb 2013, 8:20 am
Business and property owners in Nashville have a duty to keep their facilities in a reasonably safe condition and to warn visitors of any dangerous hazards. [read post]
4 Mar 2010, 3:19 am
Exploiting the variation in the timing and style of duty to warn laws across states, I use a fixed effects model to find that, all else equal and controlling for the prevalence of crack, mandatory duty to warn laws cause an increase in homicides of 9.5% or 0.83 people per 100,000. [read post]
31 Mar 2010, 3:22 pm
The question before the Court was whether MCL § 330.1946 completely abrogated the common-law duty of a mental-health professional to warn or protect others, including patients. [read post]
2 Oct 2019, 5:30 am
The Duty to Warn is not an obscure or seldom-used diplomatic tool. [read post]
12 Jul 2020, 7:43 am
The district court, however dismissed the case–holding that there was no duty-to-warn until the the creation of an attorney-client relationship and that the initial screening call did not create such a relationship. [read post]
5 Sep 2016, 11:07 am
Basically, when a patient makes a credible threat, a mental health professional has a duty to warn. [read post]
5 Feb 2016, 7:53 am
The LID identifies circumstances when a manufacturer has met its duty to warn and thus is not at fault. [read post]
27 Jan 2018, 7:51 am
In other words, a manufacturer has no duty to warn you of the risks of using its product in something other than its intended manner. [read post]
24 Feb 2010, 9:27 am
If perils are concealed, landowners have the added duty to give warning. [read post]
4 May 2010, 8:36 am
App. 4th 1578, 1590-1591 [where danger was obvious, no duty to warn or to make property safe]; Haberlin v. [read post]
20 Jul 2009, 10:00 pm
Today's post simply describes four recent scholarly articles -- two on preemption, one on post-sale duties to warn, and one theorizing about how tort law should be coordinated with non-tort regulatory standards -- that may tickle your fancy. [read post]
15 May 2023, 11:44 am
Apartment and condominium tenants might have a duty to warn visitors about dangerous conditions they know about within their premises but might not have a legal duty to maintain or warn common areas of the property over which they have no control. [read post]
