Search for: ""duty to warn""
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16 Jun 2014, 1:52 pm
” The article surveys U.S. products liability law pertaining to the duty to warn and analyzes the Ninth Circuit’s decision in Rosa v. [read post]
15 Apr 2019, 9:46 am
A driver also must anticipate that a pedestrian could attempt to cross the street at any point, and has the duty to warn a pedestrian of their approach by honking the horn or give some other type of warning. [read post]
11 Jan 2021, 12:05 pm
She argued that the defendant had superior knowledge of the hazard and had the duty to warn the plaintiff of the hazard. [read post]
1 Mar 2010, 3:53 pm
The Appellate Court held that the chain could cause an unreasonable risk of harm , and the university had a duty to warn of dangerous conditions caused by the chain. [read post]
13 Dec 2006, 1:04 pm
This New Orleans jury found that Merck did not have a duty to warn. [read post]
27 Jan 2009, 4:00 am
This has led to numerous Chantix pharmaceutical defect lawsuits because the makers of pharmaceuticals and all products have a duty to warn consumers about possible harms associated with using their products. [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]
15 Jun 2018, 2:00 pm
If such a hazard does exist, the property owner has a duty to warn visitors of the dangers until they can be properly repaired. [read post]
11 Aug 2010, 9:44 am
If that is not possible, the owner has a duty to warn guests of hidden dangers. [read post]
12 Jul 2012, 11:21 am
The court granted AstraZeneca’s motion for summary judgment on the grounds that the company’s duty to warn of risks applied to the doctor, not the patient. [read post]
13 Dec 2006, 1:04 pm
This New Orleans jury found that Merck did not have a duty to warn. [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]
5 Oct 2010, 8:20 pm
We hope Jim can get to the bottom of this and win justice for his clients, if in fact Brookfield Renewable Power acted irresponsibly, negligently or otherwise failed in its important duty to warn fishermen of rapidly rising waters. [read post]
20 Aug 2008, 9:54 pm
She sued the drug manufacturer, Wyeth, contending that the drug company had a duty to warn consumers that injections, like the one she experienced, could have devastating consequences. [read post]
11 Aug 2008, 7:25 pm
On appeal, the Appellate Division, Third Department, found there were a number of unresolved questions which needed to be addressed at a formal hearing or trial, including whether "the hazard of sunburn presented by [Tanning Bed's] use of more intense tanning bulbs was open and obvious," in which case Tanning Bed would have had no duty to warn Oliver. [read post]
6 Mar 2010, 3:12 am
The wave and wind conditions at the time of the incident should have clearly alerted the officers on duty to warn the passengers to secure themselves in their cabins. [read post]
13 Jan 2012, 4:30 am
When we saw his name as a presenter, we thought that the CLE would be a gritty analysis of the legal themes of Springsteen’s immortal “Darkness of the Edge of Town” LP, but actually, it’s about the duty to warn in the digital era. [read post]
27 Dec 2018, 5:21 am
The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. [read post]
31 Jan 2007, 9:03 pm
.: court rules mfr. had duty to warn about asbestos in other companies' products, though its own product contained none [Ted at Point of Law] Lawyering up for expected business-bashing oversight hearings on Capitol Hill [Plumer, The New Republic] "King of vexatious litigants" in Ontario restrained after 73 filings in 10 years, though he says he did quite well at winning the actions [Globe and Mail, Giacalone's self-help law blog] Sen. [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]