Search for: ""duty to warn""
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23 Jun 2009, 1:31 pm
The duty of the property owner is less than that of a business, but there is still a duty to warn of any unsafe conditions on the premise. [read post]
24 Jun 2010, 9:36 am
Furthermore, they have a duty to warn users of the dangers of their medicines so individuals can make informed decisions. [read post]
1 Aug 2016, 12:08 pm
The Court of Appeals reversed, noting that under prior Kentucky precedent: (1) a landlord owes a heightened duty of care to tenants above and beyond the duty owed by a landowner to a business invitee; (2) a landlord owes a duty to warn as well as a duty to exercise reasonable diligence to keep common areas in a safe condition for tenants; and (3) the open and obvious doctrine does not bar recovery when the common area exception applies. [read post]
2 May 2011, 9:22 am
From a Fort Lauderdale Personal Injury Lawyer's perspective, I believe that in any circumstance a company has a duty to warn consumers of any potential harm that they may suffer, because that is simply the right thing to do. [read post]
7 Sep 2023, 6:30 pm
The lawsuits also allege a variety of common law claims, including negligence, invasion of privacy, conversion, unjust enrichment, breach of the duty to warn, and such. [read post]
28 Jan 2020, 10:25 am
Similarly, if talc-based products pose a danger to consumers, Johnson & Johnson has a legal duty to warn consumers of such. [read post]
4 Dec 2013, 2:38 pm
In her dissent, Judge Stranch disagreed with the majority’s characterization of state law, believing that Tennessee courts might find that brand-name drug manufacturers have a duty to warn consumers that purchase generic drugs. [read post]
6 Oct 2011, 8:41 pm
Kentucky; since the Court held that defense counsel only has a Sixth Amendment duty to warn noncitizens about immigration consequences that are “succinct, clear, and explicit” from the immigration statute, there is no clear obligation to warn about deportability for a CIMT. [read post]
14 Oct 2019, 4:00 am
Additionally, the Casino argued it did not have a duty to warn Mrs. [read post]
24 May 2010, 12:02 pm
The Court therefore found that the injured party relieved those who may otherwise have had a duty to warn him, and implicitly agreed to take care of himself.The Opinion may be viewed by clicking on this link:http://www.courts.state.pa.us/OpPosting/Superior/out/A04012_10.pdfSource: Pennsylvania Law Weekly Case Digests [read post]
4 Mar 2009, 8:02 am
The Supreme Court squarely rejected this argument, finding that Wyeth's argument would shift the burden of providing adequate warnings to the FDA when the duty to warn rests directly upon the manufacturer. [read post]
11 Jan 2007, 8:46 pm
The trial court was of the opinion that it had a duty to warn to warn the defendant that continuation of his testimony on cross-examination could result in self-incrimination.The defendants appealed, and the Appellate reversed the decision and remanded the matter back to the trial court for reconsideration of whether the defendants voluntarily entered into the settlement. [read post]
2 Sep 2012, 10:22 am
The mall also has the duty to warn of hazards (for example, signs that warn people to not swim in the fountain in the center of the mall). [read post]
18 Jul 2008, 8:33 pm
She contends that GSK breached its duty to warn of an increased suicide risk in adults taking Paxil. [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
22 Apr 2019, 2:47 pm
” A landowner also has a duty to warn licensees of any known dangers on their property. [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
2 Sep 2012, 10:22 am
The mall also has the duty to warn of hazards (for example, signs that warn people to not swim in the fountain in the center of the mall). [read post]
15 Mar 2010, 6:03 pm
She asserted personal injury claims under the Louisiana Products Liability Act for, among other things, failure to warn of the risks of the drug's long-term use.The Fifth Circuit rejected the argument that compliance with state duties to warn would burden generic manufacturers with duplicative drug trials, noting that clinical studies are not prerequisites to labeling changes and reports of adverse drug reactions can substantiate the need for a heightened… [read post]
