Search for: ""duty to warn""
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9 Feb 2013, 4:47 am
That the plaintiff failed to prove Exxon had a duty to warn because it wasn't proven that Exxon knew about the danger - only that it should have known. [read post]
23 Mar 2015, 4:36 am
Under the GTLA, a plaintiff making a premises liability claim must prove that “(1) the governmental entity owns and controls the location or instrumentality alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached either its duty to eliminate the condition or its duty to… [read post]
8 Oct 2016, 8:39 am
One of the first changes I notice is that “foreseeable” is emphasized with an underline when the majority holds that a duty to warn “extends to identifiable and foreseeable victims. [read post]
10 Sep 2013, 7:37 am
This just in, courtesy of Bruce Hamlin of Martin Bischoff, an intermediate appellate court in Washington State has rejected an attempt by plaintiffs to expand the duty to warn under the learned intermediary rule from the current “adequately warn a prescribing physician” standard to “warn every health care provider. [read post]
6 Oct 2022, 2:29 am
They also have a duty to warn customers of a dangerous condition that they knew or should have known about. [read post]
28 Aug 2015, 7:37 am
The school did not warn Cara Munn or her family that you can get this disease in China. [read post]
10 Oct 2018, 7:19 am
Reports that U.S. intelligence may have had some advanced information regarding a plot to harm Khashoggi raises additional questions about intelligence services’ duty to warn. [read post]
24 Apr 2014, 11:06 am
The trial judge, according to the appeals court, only focused on the existence of the club's "duty to warn" the victim about potentially unsafe conditions. [read post]
27 Mar 2015, 10:44 am
Oct. 23, 2014), as we reported, the Court held that the learned intermediary doctrine governed a medical device manufacturer’s duty to warn when the manufacturer had never engaged in direct-to-consumer advertising. [read post]
11 Feb 2019, 9:49 am
However, the court explained that the obviousness of a hazard goes only to the defendant’s duty to warn visitors, and not a landowner’s duty to maintain a safe premises. [read post]
18 Sep 2018, 1:43 am
The trial court ruled that defendant “had no duty to warn [plaintiff] of the allegedly dangerous condition which [plaintiff] or his co-employee created and knew about. [read post]
6 Feb 2023, 8:20 am
Here, the court found that the defendant pharmacy had no duty to warn the plaintiff of the drug’s alleged side effects. [read post]
13 Oct 2014, 9:03 am
Even if the disease is rare and it is unlikely that someone would contract it, an employer still owes a duty to warn its employees. [read post]
4 Dec 2014, 11:31 am
The Plaintiff filed a suit alleging negligence based on premises liability and a duty to warn individuals such as the Plaintiff. [read post]
29 Jun 2012, 6:33 am
" In the opinion, the Court indicated that "Under the learned intermediary doctrine, the manufacturer of a pharmaceutical product satisfies its duty to warn the end user of its product's potential risks by providing an adequate warning to a 'learned intermediary,' who then assumes the duty to pass on the necessary warnings to the end user. [read post]
23 Mar 2021, 5:43 pm
” The reviewing court went on to note that, even if a property owner is relieved of its usual duty to warn of a hazardous condition due to its open and obvious nature, the owner may still have other duties to those coming upon the business property. [read post]
12 Feb 2010, 4:30 am
In his post, Comer concludes:[T]his is the area of law that is applicable to cell phones and whether there is a duty to warn about cell phone use while driving. [read post]
28 Jul 2014, 1:58 pm
This particular issue was raised when a lawsuit was filed against mental health professionals claiming that they owed a duty to warn a potential victim of their patient. [read post]
5 Jan 2011, 9:37 am
The court thus had to decide whether any such “duty to test” arises under Virginia law.Relying on prior Virginia Supreme Court precedent, the court concluded that a “manufacturer’s duty to warn of a product’s dangers imposes no underlying duty to conduct additional studies or tests because a failure to warn claim rests on a reason to know standard rather than the broader should have known standard. [read post]
28 Jun 2017, 6:57 am
The woman then filed a lawsuit against the bank as well as its general contractor, alleging a breach of the duty to warn and a breach of the duty to maintain a safe location. [read post]
