Search for: ""duty to warn""
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31 Dec 2012, 9:58 am
This year we won a major appeal where the 11th Circuit Court of Appeal ruled that Carnival has the legal duty to warn passengers of violence and crimes in ports of call. [read post]
20 Mar 2023, 7:52 am
In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect. [read post]
14 Feb 2014, 10:01 am
Other than to whom the manufacturer’s duty to warn runs, the causes of action available for plaintiffs suing over OTC drugs are pretty much the same as for prescription drugs. [read post]
6 Jul 2014, 9:08 am
, and duty-to-warn (what duty?) [read post]
4 Jan 2012, 1:21 pm
Cruise Ship Litigation and the application of the law is an ever-changing landscape. [read post]
2 Oct 2008, 12:36 pm
" appreciates - and those on the other side despise - is what the rule does to warnings and warning causation. [read post]
20 May 2019, 9:18 am
Raymark Indus., Inc., 905 F.2d 793, 797 (4th Cir. 1990)). [4] § 388 Chattel Known to Be Dangerous for Intended Use, Restatement (Second) of Torts (1965). [5] Under New York law, for instance, the duty to warn in strict liability is identical in nature and scope as the duty in negligence. [read post]
18 Feb 2009, 1:11 am
Specifically, the plaintiff maintained that he was an invitee on the property and that the homeowner failed to maintain a reasonably safe premises and warn him of the potential risk of harm.The homeowner moved for summary judgment asserting, inter alia, the plaintiff was a licensee and, consequently, because the danger presented by the slippery steps "was open and obvious," the homeowner owed him no duty either to correct that condition or to warn him of that… [read post]
23 Sep 2011, 12:08 pm
Duty to Protect the Patient: These cases are more common and closer to traditional failure to warn cases – but again, there is something about the reps’ actual presence in the OR during surgery which has allowed some courts to find a duty that seems to trump the learned intermediary doctrine. [read post]
9 Jan 2014, 1:37 pm
Knaier, “An Informed-Choice Duty to Instruct? [read post]
23 Apr 2017, 1:18 pm
Again, the Court held that there existed no special duty. [read post]
31 Jul 2008, 5:30 pm
[D]ates are vitally important with respect to the duty to warn. [read post]
13 May 2019, 5:51 am
(finding no duty to warn of the inherent dangers of motorized carts.) [read post]
8 Jan 2019, 6:32 am
” An important and often-used litigation defense for manufacturers, impossibility pre-emption doctrine shields manufacturers from state liability when it would be impossible for them to comply both with FDA regulations and with state-law duties to warn. [read post]
3 Aug 2020, 6:56 am
J. 39, 49 (1984) (observing that Beshada “blundered from their own jurisprudential quagmire into [the] swamp [of epistemology]”); Comment, “Requiring Omniscience: The Duty to Warn of Scientifically Undiscoverable Product Defects,” 71 Geo. [read post]
7 Apr 2021, 9:34 am
Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Tanya E. [read post]
21 May 2024, 6:18 am
It is imperative that those with a duty of safety and care create effective warning labels for each of their products. [read post]
9 Mar 2012, 10:54 am
Which raises the right question: why can’t Pradaxa warn patients that the dru [read post]
28 Jan 2022, 5:01 am
The psychiatrist may have a duty to warn the prospective target about the threat from a patient. [read post]
16 Jul 2024, 9:00 am
Property owners owe a duty to warn licensees of known hazards that are not obvious. [read post]
