Search for: ""duty to warn""
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11 Jul 2018, 7:09 am
The circuit court granted summary judgment to the defendant, holding that the defendant had no duty to warn the plaintiff of the allegedly dangerous condition that the plaintiff himself had created and controlled. [read post]
11 Nov 2008, 1:19 am
The Court also concluded that a jury could find that the defendants knew or reasonably should have know of this hazard, and would therefore have a duty to warn of it. [read post]
31 Jul 2019, 6:33 am
Employers generally have a duty to warn their misbehaving employees that they need to improve or they will be terminated for cause. [read post]
1 Jun 2023, 10:56 am
And, I'll argue, that is especially so when the duty is a duty to warn, which may intrude on the victims' privacy and lead people to shun them. [read post]
2 May 2017, 8:31 am
That said, manufacturers, restaurants and other distributors may have a duty to warn customers about allergens, per the Food Allergen Labeling and Consumer Protection Act of 2004. [read post]
28 Aug 2009, 9:55 pm
Board members do have a duty to warn of or take steps to mitigate or eliminate any known dangers to the residents. [read post]
30 Dec 2021, 5:23 am
They are also under a duty to warn people using the property of any potential hazards in order to avoid accidents. [read post]
26 Dec 2013, 6:22 am
The appeals court agreed that the warnings were sufficient and thus the plaintiffs had failed to establish that SPX breached its duty to warn, but it decided differently on the claim of unreasonably dangerous product. [read post]
15 Aug 2012, 8:44 am
They tried to show that the defendants failed to reasonably evaluate the utility and safety of Silzone before introducing it to the market and then failed in their duty to warn of its risks. [read post]
28 Apr 2021, 5:06 pm
Failure to Warn In failure to warn claims, the manufacturer had a duty to warn consumers of dangers inherent in using the product but failed to do so. [read post]
16 Apr 2018, 12:35 pm
In this case, the court found that the university had a duty to warn or protect the claimant from foreseeable harm. [read post]
17 Jul 2015, 12:50 pm
Essentially this innovator liability claim is based on the contention that the brand-name drug manufacturer, e.g., GSK, had a duty to warn all users of the generic drug, e.g., Ondansetron, based on federal requirements that all generic labels must be identical to the brand-name drug label. [read post]
9 Nov 2009, 5:00 am
Those courts have correctly held that brand name manufacturers do not have a legal duty to warn about the risks associated with their competitors' generic drugs. [read post]
31 Dec 2018, 8:23 am
The first question that needs to be answered is did the owner of the business or property where you were injured have a duty to warn you about any potential dangers on the property? [read post]
6 Mar 2008, 3:48 am
Manufacturers of prescription pharmaceutical products shall not be relieved of a duty to warn consumers of the risks and side effects solely because the product was prescribed to a patient by a physician.That's it. [read post]
9 Aug 2012, 3:09 pm
According to the majority, plaintiffs nowhere alleged any affirmative duty to warn Urbana of the teacher’s conduct. [read post]
1 Jul 2007, 10:30 am
The case was decided by a three to two vote, with four opinions.The learned intermediary doctrine provides, in general, that manufacturers of prescription drugs fulfill their duty to warn by warning prescribing physicians of the risks associated with a product. [read post]
27 Jan 2011, 8:24 am
Rather, the Court held that, having controlled the defense, Admiral had a duty to warn its insured when that control created a conflict of interest. [read post]
7 Apr 2009, 7:59 am
They filed tortious interference suits -- which have become known as "direct action" claims -- asserting that insurers had an independent duty to warn potential victims of the dangers of asbestos. [read post]
20 Jul 2010, 4:30 am
Id. at *2-3.Under Georgia law, there are two theories that a plaintiff can pursue to establish a breach of the duty to warn: first, by failing to adequately communicate the warning and second, by failing to provide and adequate warning of the potential risks associated with the product. [read post]