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31 Dec 2010, 11:31 am
Two things:Yesterday the Montana Supreme Court, reaffirmed the learned intermediary rule, although holding that the duty to warn extended to all of the medical personnel - including nurses - who treated the plaintiff. [read post]
7 Jun 2010, 3:17 pm
" After quoting from an Ohio decision holding along the same lines, Justice Colabella continued, "The duty to warn a sexual partner or otherwise take precautions to prevent the transmission of a known venereal disease, therefore, should be extended in the circumstances at bar to the spouse as well. [read post]
13 Jun 2008, 4:43 pm
By a 5-3 vote (Justice O’Neill did not sit), the Court held that the landowner had no duty to warn that employee of the danger from not having handrails on a ramp. [read post]
29 Sep 2011, 7:25 pm
Finally, on the post-sale duty to warn count, it found that evidence for it was not truly submitted at trial. [read post]
13 Dec 2011, 1:09 pm
” Joseph argued that he had no duty to warn Mr. [read post]
23 Jan 2017, 5:08 am
They also alleged Chrysler breached a duty to warn the public of the danger. [read post]
6 Aug 2012, 2:41 pm
Many may not be aware that therapists actually owe a duty to warn others when they are aware or have reasonable suspicion that their patient may harm another person. [read post]
30 Apr 2018, 10:08 am
The appellate court resolved these issues in the plaintiffs’ favor, but it resolved the issue of punitive damages and a duty to warn after the sale against them. [read post]
10 Jul 2015, 5:47 am
” The Court also briefly addressed defendant’s assertion that it had no duty to warn plaintiff because the danger was open and obvious. [read post]
22 Jul 2011, 8:31 am
We’re only doing removal today, but anyone substantively interested in this sort of theory should read our “Holding the Line on Duty to Warn” post, describing its rejection by Maryland’s highest court.At this point, removal would still have been tough, particularly since third-party defendants are not generally allowed to remove cases where there’s no diversity between the original parties. [read post]
16 May 2013, 6:05 pm
Having established that the existence of an open and obvious danger will not necessarily relieve a landowner of all duties to lawful entrants with regard to that danger, we set out to answer the following principal question: where the duty to warn has been negated, in what circumstances will the duty to remedy nevertheless exist–or, in other words, in what circumstances “can and should a landowner anticipate that the dangerous condition will… [read post]
20 May 2020, 6:47 am
“Unless the defendant has actual or constructive notice of a dangerous condition on its premises, it does not owe a duty to warn of or remove the dangerous condition. [read post]
5 Jul 2012, 5:00 am
to warn its plan doctors about. [read post]
29 Feb 2016, 6:15 am
” At the close of the proof, the trial court granted defendants’ motion for a directed verdict, finding that “it was not reasonably foreseeable that plaintiff would trip over the step, that the step was open and obvious, and that defendants did not owe plaintiff a duty to warn her of the condition of the step. [read post]
23 Aug 2017, 6:43 pm
H.R. argued that it was this broader knowledge that created a duty to warn H.R. about the risk from the ice, or to prevent the ice from beginning to melt in the first place. [read post]
28 Feb 2012, 7:50 am
This duty also includes an ancillary duty to warn invitees of any dangerous conditions not readily apparent which the owner knew, or should have known, and a concomitant duty to conduct reasonable inspections to discover dangerous conditions existing on the premises. [read post]
15 May 2017, 3:00 am
Further, that Vita Food owed no duty to warn, that proximate cause could not be proven by Ovando and the acts of Ovando were contributorily negligent at more than 50% of the total proximate cause of his injuries. [read post]
9 Sep 2014, 6:14 am
The lesson from this case is that business owners have a duty to warn trespassers once they are aware of their presence on the property. [read post]
21 Jun 2016, 8:31 am
Laurie Sherwood of Walsworth WFMB, LLP noted some issues Disney may face, including Disney’s duty to warn guests about the alligators, Disney’s previous knowledge and the subsequent steps it took, as well as the probability that such an event would occur. [read post]
31 Aug 2022, 10:29 am
The duty of care also includes the duty to warn patients about potential risks associated with a procedure or medicine and the duty to supervise other personnel to whom they delegate certain aspects of a patient’s care. [read post]