Search for: ""duty to warn""
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27 Jan 2011, 5:28 pm
The Ninth Circuit rejected both arguments, finding that California's state law duty to warn -- by placing an appropriate label on generic ibuprofen -- would neither be impossible to comply with nor obstruct the objectives of Congress. [read post]
22 Oct 2019, 9:23 am
Pharmacies have a duty to warn their patients about the common side effects of drugs and can be held liable in some instances for injuries sustained if they fail to warn. [read post]
4 Dec 2017, 7:13 am
In the alternative, the plaintiff argued that even if the defendants did not face an independent legal duty to warn about such dangers, they voluntarily assumed such a duty when they provided their warnings about such uses. [read post]
16 Oct 2017, 12:45 pm
The manufacturer does not have a duty to warn a patient of risks associated with its product. [read post]
4 Sep 2007, 1:39 pm
Crown Equipment Corp, Nos. 06-2705, 06-2706, concludes that the issue of whether "Maine law would recognize a post-sale duty to warn claim where a manufacturer's product is not defective at the time of sale but a hazard later develops because of a change in the user environment" and thus tells the District Court to certify the issue. [read post]
11 Jan 2018, 7:19 am
The angle of this lawsuit brings into question the NFL’s—or any employer’s—duty to warn. [read post]
11 Jan 2018, 7:19 am
The angle of this lawsuit brings into question the NFL’s—or any employer’s—duty to warn. [read post]
29 Jun 2012, 10:39 am
The management company defended by stating that they had no duty to warn since the condition was not dangerous as it was "open and obvious". [read post]
4 Dec 2017, 7:13 am
In the alternative, the plaintiff argued that even if the defendants did not face an independent legal duty to warn about such dangers, they voluntarily assumed such a duty when they provided their warnings about such uses. [read post]
24 Dec 2021, 2:31 am
Although the defendant technically owed a duty to warn the plaintiff and to maintain its premises safely, the open and obvious nature of the condition precluded a finding of breached duty from the defendant. [read post]
27 Dec 2013, 3:22 am
Gastwirth also contends that the duty to warn in tort is based upon a possibility of causation, and he opines that this is perfectly satisfactory. [read post]
24 Jul 2019, 7:08 am
The court explained that a landowner owes an invitee two distinct duties: 1) the duty to maintain the premises so that it is in reasonably safe condition and 2) the duty to warn of any hidden dangers. [read post]
13 Mar 2017, 9:51 am
The woman filed a claim against the bank and its general contractor, alleging a breach of duty to warn and a breach of duty to maintain a safe location. [read post]
7 Nov 2016, 10:46 am
Defendant appealed this ruling on grounds that they did not have a duty to warn of the danger of risk created by a third party. [read post]
16 Apr 2009, 1:05 pm
According to Justice Chin, the idea of the duty to warn is to provide users with educated choices. [read post]
20 Aug 2012, 9:57 am
The court held that there is normally no duty to warn in this situation. [read post]
22 Jul 2016, 9:36 am
However, as the court noted, the substance was deadly when used for its intended purpose, and this gave them an absolute duty to warn of the dangers of mesothelioma. [read post]
22 Feb 2017, 8:00 am
The manufacturer argued that since it warned the physician who performed the surgery, it had no duty to warn any other party. [read post]
18 Feb 2019, 10:38 am
That being the case, the complex had no duty to warn the plaintiff of its existence. [read post]
9 May 2010, 8:46 am
Therefore, ABC Hotel owed plaintiff no duty to warn of, or repair, this open and obvious condition. [read post]
