Search for: ""duty to warn""
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22 Jan 2019, 7:48 am
Defendants and their insurers will often argue a danger was “open and obvious,” thus negating duty to warn. [read post]
30 Aug 2012, 6:38 am
Therefore, defendant was entitled to the statutory presumption that its heparin labeling satisfied its duty to warn. [read post]
23 Nov 2018, 8:40 am
First, they will argue a danger was “open and obvious (thus negating duty to warn). [read post]
22 Sep 2014, 9:00 am
Lord Bannatyne considered Chester v Afshar [2004] UKHL 41, which found that the causation test was influenced by the duty to warn of risk, but decided that the circumstances of Chester “are odd and the decision is very much fact specific”[11]. [read post]
25 Aug 2008, 12:02 pm
In support of the district court’s ruling, defense attorneys advanced three preemption arguments: “(1) that the FDA has adopted a ‘pervasive regulatory approach’ – embodied in the FDA’s Advisory, backgrounder and internal enforcement guideline – with which Fellner’s state lawsuit actually conflicts; (2) that the FDA has ‘reject[ed] the use of warning labels’ in favor of a more… [read post]
16 Mar 2012, 5:00 am
” The Court stated:This duty to warn and the accompanying threat of liability will inevitably influence a manufacturer’s choice whether to use that particular design. [read post]
11 Nov 2016, 10:49 am
In a failure to warn claim, the plaintiff argues that the manufacturer knew about the dangers posed by the product, had a duty to warn patients about those dangers, and were negligent about their duty in such a manner that the patient was hurt by the product. [read post]
14 Nov 2011, 4:18 am
But we gather that the plaintiff alleged failure to warn under the Connecticut Product Liability Act. [read post]
4 Oct 2011, 3:35 am
One consequence a trial judge does have a duty to warn a defendant about is its effect on his immigration status if he’s not a citizen. [read post]
26 Aug 2020, 5:00 am
See “NJ Appeals Court Holds No Duty to Warn About Gravity” (Aug. 18, 2006). [read post]
6 Apr 2010, 9:26 am
Ameritech, the Michigan Supreme Court held that not only did the owner not have a duty to warn of an “open and obvious hazard,” but an owner also has no duty to repair a hazard either. [read post]
30 Jan 2020, 12:00 am
But if there is any reason that the owner cannot make the property entirely safe, they owe their guests the duty of warning them about any potential hazards. [read post]
26 Apr 2010, 5:15 am
Under Indiana law, there is no duty to warn the ultimate user if the product is sold to a “sophisticated intermediary” whom the manufacturer adequately warned. [read post]
4 Mar 2022, 5:54 am
The same reasoning applies to [defendant’s] alleged duty to warn others about the tire tread. [read post]
5 May 2020, 10:54 am
However, the owner does not have a duty to warn the invitee of the hazard if the invitee knew of the condition. [read post]
1 Mar 2007, 5:50 am
"A patient's inability to assess and weigh the potential risks inherent in these products is precisely the reason that they are dispensed only by prescription, and that prescription medical product manufacturers have a duty to warn learned intermediaries, not the public or the patient. [read post]
2 Aug 2012, 10:17 am
Mensing, 131 S.Ct. 2567 (2011), in which the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [read post]
16 Jul 2018, 3:02 am
’ [Plaintiff’s] claims are premised on a violation of an independent Tennessee duty to warn, not federal law. [read post]
18 Jan 2018, 3:25 pm
Product manufacturers have traditionally had a duty to warn of risks that they know about or reasonably should have known about. [read post]
3 Mar 2009, 11:16 pm
Good.Looking at congressional intent, the majority found no intent to preempt state-law duty to warn cases. [read post]
