Search for: ""duty to warn""
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2 Jul 2019, 10:39 am
Nevertheless, the court says that Amazon voluntarily assumed a duty to warn the plaintiff by sending the December 12 email, “which plainly sought to warn her of the dangers posed by the hoverboard. [read post]
15 Jul 2020, 6:23 pm
However, the condo owner would not be liable for the hosts’ portion because they owed a separate duty to warn plaintiff of the possible danger. [read post]
22 Mar 2021, 11:05 am
Treadmill companies have a duty to warn consumers about the potential harm to children and how to prevent injuries to children. [read post]
7 Jan 2016, 11:23 am
Sharma’s duty included warning Mr. [read post]
18 Oct 2017, 8:00 am
In this case, the panel held that, under Illinois law, a manufacturer’s duty to warn about the improper usage of a product occurs when parallel to a federal prohibition on misbranding of the medical devices. [read post]
10 Aug 2022, 6:01 am
When a plaintiff brings a premises liability case that falls within the GTLA, she must show that “(1) the governmental entity owns and controls the location…alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached its duty to eliminate the condition or its duty to… [read post]
16 Aug 2021, 8:06 am
Myhra’s article The Pharmacist’s Duty to Warn in Texas Reconsidered Within a National Framework is cited in the following article: Jennifer L. [read post]
26 Feb 2013, 8:30 am
As Marty Schwimmer points out on his blog, this raises the interesting question of whether the defendants' counsel has a duty to warn its opponent, or whether they can let their adversary shoot themselves in the foot. [read post]
6 Mar 2012, 6:25 pm
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
27 Feb 2009, 7:24 am
Under the [defendants’] reasoning, doctors would be immunized from a recent failure to warn a patient just because they first breached their duty to warn more than five years ago. [read post]
1 Nov 2011, 10:29 pm
If a claim arises from a special defect, the governmental unit owes the same duty to warn that a private landowner owes an invitee. [read post]
28 Nov 2009, 7:11 am
To extend a duty to warn about a competing product would "stretch[] the concept of foreseeability too far. [read post]
26 May 2022, 9:01 pm
These alternatives include programs that would provide cognitive behavioral therapy for at-risk young men, legislative repeals of duty-to-warn laws for mental health providers, and efforts to expand health insurance to cover mental health benefits. [read post]
22 Nov 2018, 7:52 am
Defendant also has a duty to warn legal entrants about any existing unreasonable dangers of which defendant is aware, or reasonably should have been aware. [read post]
12 Oct 2012, 12:16 pm
“Product liability action” includes, but is not limited to, all actions based upon the following theories: strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent; misrepresentation, concealment, or nondisclosure, whether negligent, or innocent; or under any other substantive legal theory in tort or contract whatsoever; This act is intended to… [read post]
9 May 2012, 12:51 pm
When a traditional duty, such as failure to warn of a risk, doesn’t work, new alleged duties seem to crop up. [read post]
27 Apr 2017, 11:28 am
The Pharmacy stated that a pharmacist has no duty to warn of potential hazards and is not liable for harm to patients from consuming drugs, provided the pharmacist accurately dispenses the medication. [read post]
8 Dec 2010, 7:44 am
Meade; (3) PLIVA satisfied any alleged duty to warn by providing a package insert explaining potential side effects of metoclopramide. [read post]
5 Feb 2018, 8:23 am
The other way to interpret this case is treat it like a premises liability case and defendant would argue they had no duty to warn of a known danger. [read post]
31 Aug 2011, 6:00 am
M/V FURNESS BRIDGE, 558 F.2d 790 (5th Cir. 1977), elaborated and, citing Trade Banner, stated, “The wharfinger’s duty to warn applies only to ‘any hidden hazard or deficiency . . . not reasonable known to the ship owner. [read post]
