Search for: ""duty to warn""
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23 Sep 2021, 12:40 pm
Drug manufacturers, pharmacies, and healthcare providers have the duty to warn users of the risks associated with a medication or medical device. [read post]
10 Oct 2016, 8:50 am
First, cruise lines have a duty to warn their passengers of any dangers that may be present in any ports. [read post]
11 Nov 2011, 7:34 am
Williams was a licensee and alligators are indigenous in coastal waters, the association had no duty to take action or to warn her of the patent danger. [read post]
22 Jun 2011, 2:10 pm
The trial judge concluded, and the Court of Appeal agreed, that Scraba had received what seed he had asked for (what was required to fulfill a grower's contract he had in place) and, in the circumstances, Sharpe's did not have a duty to warn Scraba that the seed was not Roundup Ready. [read post]
17 Mar 2017, 4:00 am
The Browns averred that the hole in the porch floor was open and obvious to all and thus, they had no duty to warn Ms. [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]
1 Feb 2007, 6:07 am
Rather, "[t]he duty to test is a subpart of duties to design a product non-negligently, manufacture a product non-negligently, and provide adequate warnings. [read post]
15 Aug 2014, 10:00 am
The vast majority of jurisdictions recognize that the duty to warn in such cases runs to the prescribing physician (or other health care provider). [read post]
8 Jun 2016, 5:20 am
Under Illinois law, a product must adequately warn of dangers, but when a danger is obvious, there is no duty to warn. [read post]
23 Sep 2019, 5:29 pm
And because the danger was open and obvious to Aaron’s father, the defendants had no duty to warn him. [read post]
24 Feb 2016, 7:26 am
The trial court found that the step’s hazard was open and obvious, which typically negates a duty to warn. [read post]
24 Jan 2011, 3:15 pm
” The Ninth Circuit’s decision that there is no impossibility of compliance in this case (as in Demahy and Mensing) is based on the Court’s determination that the FDC Act provides generic drug manufacturers “with at least three separate mechanisms by which they can discharge their state-law duty to warn of additional risks associated with their products: (a) the CBE process approved by the Supreme Court in Levine; (b) the ‘prior approval’… [read post]
10 Jun 2016, 11:34 am
” Defendant moved for summary judgment, claiming they “had no duty to warn [plaintiff] of the three-and-on-half-inch step-down at the doorway because it was not foreseeable that anyone would fall because of it. [read post]
10 May 2010, 4:30 am
Tri-Union's third ground for dismissal was that it had no duty to warn of the potential danger of mercury in its tuna products. [read post]
22 Jan 2018, 6:00 am
If there was a warning sign or other safety device (like “Caution” tape or a series of traffic cones), the property owner may have fulfilled their duty to warn you about the danger. [read post]
22 Dec 2006, 8:54 pm
We decline to impose on real estate brokers an independent duty to inspect properties they show and to warn prospective customers about dangerous conditions they so discover, and McColly's agent did not gratuitously undertake such a duty. [read post]
15 Oct 2018, 10:56 am
The victim’s estate sued the landowners, alleging they had a duty to warn the child about the dangerous conditions in the cove. [read post]
24 Feb 2016, 7:26 am
The trial court found that the step’s hazard was open and obvious, which typically negates a duty to warn. [read post]
28 Sep 2016, 10:52 am
By contrast, property owners have no duty to warn guests of dangers that are unknown to them, or of things they do not realize are dangerous. [read post]
18 Apr 2012, 1:20 pm
The court rejected this argument, noting that the bank had no duty to warn Mr. [read post]
