Search for: ""duty to warn""
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2 Nov 2011, 5:44 am
Plaintiff appealed, challenging the "no duty to warn" instruction. [read post]
14 Jun 2012, 11:10 am
In the context of prescription medication, the learned intermediary doctrine holds that a drug manufacturer satisfies its duty to warn when it informs a prescribing physician about the drug's potential risks. [read post]
9 Jan 2010, 7:57 am
Agreeing with a recent Eighth Circuit ruling that I previously covered here, the Fifth Circuit ruled yesterday that "[b]ecause state imposition of duties to warn on generic drug manufacturers neither renders compliance with federal regulation impossible nor obstructs the goals of that regulation, we AFFIRM the district court's finding that Demahy's state-law failure-to-warn claims are not preempted. [read post]
25 Feb 2021, 5:12 pm
Pool Owners Have a Duty to Warn of Dangers Pool owners must maintain reasonably safe premises (under the circumstances) and warn users of any hazards. [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]
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]
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]
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]
5 May 2016, 4:41 pm
A property’s owner may be discharged of the duty to warn when the hazard is open and obvious. [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]
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]
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]
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]
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]
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]
16 Jul 2012, 12:10 pm
So the law avoids putting on them a duty to warn customers about general medication risks. [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]
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]
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]
