Search for: ""duty to warn""
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4 Feb 2013, 2:07 pm
The plaintiff’s failure to warn claim would fail if the manufacturers satisfied their duty to warn or there was no proximate cause – say, because the doctor knew of the risk: The learned intermediary doctrine is a corollary to the rule that a manufacturer of prescription drugs or products discharges its duty to warn by providing the physician with information about risks associated with those products. . . . [read post]
8 Nov 2013, 5:00 am
Oct. 8, 2013), the first opinion from New York’s state courts to consider “whether a drug manufacturer that did not manufacture the product alleged to have caused injury owes a duty to a plaintiff because of the required identity of warning labels. [read post]
11 Apr 2014, 5:00 am
This court, however, rejected these arguments on the concise and reasoned bases that there is no state-law duty to warn patients about recalls of prescription products and also no state-law duty to warn the FDA. [read post]
25 Sep 2015, 8:51 am
Under the learned intermediary rule, which all but a few states apply (including Illinois), the duty to warn runs from a drug’s manufacturer to the prescribing physician. [read post]
12 Aug 2013, 11:38 am
Rather, it is a consideration to evaluate to whom a defendant owes the duty to warn. [read post]
11 Oct 2018, 1:01 pm
” He acknowledged that “[w]e normally do, you’re right, put the duty to warn with the lowest cost avoider. [read post]
10 Aug 2012, 5:00 am
In rejecting plaintiffs' theory, the Court held that while the defendant had a duty to warn, “[t]he duty to warn has never before required a supplier or manufacturer to provide training, only to provide accurate and thorough instructions on the safe use of the product... [read post]
2 Apr 2008, 3:55 am
App.3d 862, 866 (1982) (no duty to warn that gasoline is volatile). [read post]
3 Jul 2012, 4:19 am
Second, the trial court erred in instructing the jury that Union Carbide had a duty to warn end-users without also instructing the jury that a defendant could have discharged this duty by adequately warning the intermediary manufacturers, and reasonably relying on them to warn end-users. [read post]
29 Dec 2010, 9:30 am
This exception to the duty to warn includes dangers that are open, obvious, or matters that should be “common sense” to the user. [read post]
23 Apr 2024, 6:16 am
Warning labels are a very popular way to meet this duty to warn. [read post]
8 Jun 2012, 10:35 am
As a matter of both necessity and practicality, the duty to warn the patient of the potential risks and possible alternatives to any prescribed course of action rests with the prescribing physician.Slip op. at 43 (emphasis added). [read post]
10 Oct 2014, 5:42 am
[T]hese facts and circumstances support a duty to warn in this case owed by Internet Brands to its targeted modelmayhem.com members.Reply Brief of Appellant, Doe v. [read post]
23 May 2013, 5:00 am
Before the A-Z litigation started, we’d thought, and Bexis had even written in his book, that limiting the duty to warn in this way was a loser. [read post]
28 Feb 2017, 12:17 pm
When slapped with a slip and fall claim, cruise lines will often use this defense to claim the cruise ship had no duty to warn its passengers of the obvious danger. [read post]
21 Nov 2009, 10:00 pm
The Supreme Court held that under the recreational use statute, the city, which erected barricades and put up warning signs near the sheer park cliffs, had no duty to warn or protect visitors from "a naturally occurring condition. [read post]
3 Jun 2022, 2:45 am
On June 6, 2022, Insurance Journal reported that drug maker Eli Lilly was able to achieve a major win in a lawsuit filed against the drug maker by a patient who claimed he suffered a stroke within hours of taking the company’s Cialis, as the Washington Supreme Court ruled that a manufacturer satisfies its duty to warn a patient when it adequately warns their prescribing physician of the drug’s risks and side effects under the long-standing learned intermediary… [read post]
26 Feb 2008, 8:21 am
Unlike the FDA's proposed rule, Congress intended the duty to warn customers of a drug's hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. [read post]
31 May 2012, 10:53 am
The Court held that a premise possessor does not have the duty to warn an invitee, such as the plaintiff, if the danger is known to the invitee or so obvious it would be reasonable for the invitee to discover it. [read post]
28 Jun 2016, 8:33 am
A duty to warn the guest of any known dangers. [read post]
