Search for: ""duty to warn""
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26 Jan 2018, 12:26 pm
” Additionally, the ship owner has a duty to warn the stevedore of known dangers. [read post]
12 Aug 2016, 1:08 pm
Accordingly, a business owner ordinarily has no duty to warn a customer of an open, obvious, and present danger. [read post]
14 Apr 2017, 3:50 am
The defendant argued that it had no duty to warn the hospital of the known dangers, since it did warn the doctors who would be performing surgery. [read post]
16 Sep 2019, 10:32 am
Because the danger at issue was open and obvious to the child’s father, the defendants did not have a duty to warn the father about the lack of a seat on the zip line. [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]
1 Jan 2020, 11:43 am
The appeals court disagreed, finding that no other instruction adequately advised the jury of a driver’s specific duty to warn pedestrians by sounding a horn. [read post]
16 Nov 2011, 7:49 am
This limitation of duty does not apply to the governmental unit's duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices. [read post]
8 Feb 2012, 11:15 am
When at sea, cruise lines have the duty to warn passengers from bad weather as soon as the dangers become known. [read post]
11 Jul 2012, 2:57 am
Broadly worded, the Court’s opinion, which ignores the decisions of a local jury and a lower appellate court, states that “a prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who prescribe the drug and, once fulfilled, it has no further duty to warn the end users directly. [read post]
19 Mar 2012, 12:49 pm
The sophisticated user doctrine is used to establish a manufacturer's duty to warn product users of potential dangers associated with the use of their products. [read post]
18 Oct 2012, 1:52 pm
However, he rejected the defendants’ argument that the Navy’s sophistication regarding asbestos discharged their duty to warn the plaintiff, finding that the lack of evidence of the seaman plaintiff’s sophistication was fatal to the defense. [read post]
18 Apr 2008, 6:30 pm
The manufacturer moved for summary judgment, arguing that under the sophisticated user doctrine, it had no duty to warn because the risk was within the professional knowledge of HVAC installers and repairers. [read post]
12 Aug 2016, 1:08 pm
Accordingly, a business owner ordinarily has no duty to warn a customer of an open, obvious, and present danger. [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]
10 Nov 2008, 12:00 pm
However, tire manufacturers also have a duty to warn customers of these instances. [read post]
9 Sep 2011, 11:06 am
Duty 2. [read post]
22 Dec 2016, 8:04 am
Linert et al. v Adrien Foutz, et al., At issue is whether a manufacturer has a duty to warn purchasers of known risks associated with the product after a sale is made, and whether the manufacturer’s implementation of an improvement program triggers a post-marketing duty to warn. [read post]
22 Aug 2008, 1:00 pm
Fellner's duty-to-warn claim does not conflict with an FDA determination deliberately to forego warnings because the FDA took no action to preclude state warnings - at least, no binding action via ordinary regulatory procedures, and no action whatsoever until after Tri-Union allegedly wrongfully failed to warn. [read post]
4 Nov 2014, 2:11 pm
The Second DCA held that, since the plaintiff was aware of the spill, the defendant had no duty to warn the plaintiff. [read post]
10 Jan 2017, 9:17 am
The plaintiff also argued that even if the crates were open and obvious, the defendant owed the plaintiff a duty to warn because he couldn’t negotiate the aisle with reasonable safety. [read post]
