Search for: ""duty to warn""
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14 Feb 2019, 9:27 am
Property owners have no duty to warn visitors of a danger that is “open and obvious. [read post]
14 Feb 2019, 5:00 am
The Defendants filed Preliminary Objections asserting that there was no duty to warn or to protect the Plaintiff from the shooter under the Mental Health Procedures Act. [read post]
11 Feb 2019, 9:49 am
However, the court explained that the obviousness of a hazard goes only to the defendant’s duty to warn visitors, and not a landowner’s duty to maintain a safe premises. [read post]
11 Feb 2019, 7:30 am
The court also affirmed the lower court’s decision regarding the plaintiff’s failure-to-warn claim, reasoning that there is no duty to warn of an open and obvious hazard. [read post]
6 Feb 2019, 2:10 pm
The instruction at issue contained language to the effect that a landowner has a duty to warn those on his or her property of hidden defects but is not required to issue a warning as to open and obvious dangers unless the landowner anticipates harm despite the obviousness of such conditions. [read post]
31 Jan 2019, 3:49 pm
The defendant argued that the plaintiffs had failed to prove that it owed a legal duty to warn household members of the dangers of asbestos exposure. [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
22 Jan 2019, 12:46 pm
The court also held that the duty to warn “does not encompass the duty to recommend optional safety equipment. [read post]
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]
16 Jan 2019, 10:22 am
Additionally, the court stated the even if the danger posed by the open drain was open and obvious, it would only relieve the valet service of the duty to warn and not the duty of care. [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]
2 Jan 2019, 7:07 am
Merck argues that the FDA prohibits it from adding the warning that patients allege tort law requires, making compliance with both federal regulation and state tort duties impossible. [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]
27 Dec 2018, 5:21 am
The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. [read post]
18 Dec 2018, 12:43 pm
The court looked at the language of the contract, noting that under its clear language the maintenance company assumed a duty to warn the plaintiff’s employer of any hazards discovered during service visits. [read post]
13 Dec 2018, 10:48 am
The case required the court to determine if the defendant maintenance company had a contractually imposed duty to the plaintiff to warn the plaintiff’s employer of any dangerous defects the company discovered while cleaning the parking lot. [read post]
12 Dec 2018, 12:38 pm
Another company that way too often violates its duty to warn customers of dangers is Johnson & Johnson, the world’s largest health-care products company. [read post]
27 Nov 2018, 8:42 am
Imposing a duty to warn under these circumstances would, in the Court’s opinion, only minimally increase the precautions already taken by website users, and would also likely cause website operators to inundate and overwhelm their users with warnings, ultimately diluting the effectiveness of such warnings. [read post]
