Search for: ""duty to warn""
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2 Feb 2017, 9:37 am
If so, the condition is open and obvious, and no duty to warn arises. [read post]
7 Jun 2016, 3:26 am
The duty to warn allegedly imposed by California law would not require Internet Brands to remove any user content or otherwise affect how it publishes or monitors such content. [read post]
20 Nov 2007, 5:00 am
A property owner owes an invitee the duty of discovering a dangerous condition, whereas he owes a licensee only the duty to warn him of a dangerous condition he already is aware of. [read post]
11 Oct 2011, 8:25 am
To impose on the manufacturer a duty to warn the patient directly would “interfere with the physician-patient relationship. [read post]
7 Jan 2011, 12:09 pm
Ohio, like most states doesn't impose any duty to warn of scientifically unknown information:There is no duty to warn of unknown and unknowable hazards. [read post]
23 Aug 2011, 7:27 am
The court correctly cited to and relied on Florida’s learned intermediary law – “a prescription drug manufacturer’s duty to warn of a drug’s potential risks is directed to the physician rather than the patient. [read post]
8 Feb 2012, 7:11 am
Second, plaintiffs argued that defendants had a duty to warn of the hazards posed by the foreseeable uses of their products. [read post]
9 Apr 2024, 6:27 am
Warning Labels: the Duty to Warn Indiana and Illinois, as well as their sister states, have created a “duty to warn” within their state jurisprudence which underrides the needs of a particular worksite warning label. [read post]
17 Sep 2009, 4:50 am
Here, in defense of the failure to warn claim, the main product supplier asserted that it had no duty to warn because that duty was obviated by the employer’s own duty to warn its workers. [read post]
30 Mar 2011, 6:01 am
Dicta on duty to warn. [read post]
21 Jan 2016, 12:08 pm
Under the LID, however, a manufacturer satisfies its duty to warn the end user by adequately warning the learned intermediary, which duty, if satisfied, means that no actionable breach of a legal duty to the end user occurs. [read post]
18 Jan 2013, 2:06 pm
There are lots of situations in which products bear similar warnings. [read post]
11 Oct 2013, 1:36 pm
Assuming without deciding that there could ever be a voluntary assumption by a prescription drug manufacturer of a duty to warn a patient directly, the court rejected that the defendant’s general marketing efforts, including handouts and a video for patients through their prescribers, created such a duty. [read post]
13 Oct 2015, 12:02 pm
But even if there had been a duty to warn, plaintiffs’ warning claim also fails for lack of proximate cause. [read post]
20 Apr 2014, 10:08 pm
The leading maritime case involving a cruise line's duty to warn passengers of dangers ashore involves St. [read post]
17 Sep 2009, 4:30 am
The court found no legal duty for a manufacturer to "enforce" its warning. [read post]
1 Apr 2010, 1:42 pm
So the plaintiff claimed (and the district court allowed it) that the vaccine should have given better warnings regarding viral encephalitis – a condition the plaintiff did not have, and could not tie to what he did have:There was, therefore, no reason for the defendant to make the references deemed important or vital by the district court, and there was no duty on the part of the defendant to warn about any of these conditions. [read post]
7 Jul 2013, 11:39 am
MENDACIOUS HISTORY Many asbestos cases have been tried in which the issue of who knew what, when, was relevant to the existence of a duty to warn. [read post]
29 May 2014, 4:02 am
According to the appellate court, stairs leading from a hallway to a basement are a common feature in a home, are not inherently dangerous, and do not give rise to a duty to warn without some further showing of latent or hidden danger. [read post]
7 Feb 2015, 11:20 am
No duty to warn exists, however, if the dangerous condition complained of is open and obvious and reasonably discernible through the use of one's own senses. [read post]
