Search for: ""duty to warn""
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9 Feb 2007, 7:53 am
Elwood means that an employer has no duty to warn an employee about an obviously dangerous condition (we blogged on the Kroger case back in May). [read post]
15 Jun 2012, 11:20 am
The trial judge had decided that defendant had no duty to warn non-prescribing dentists or oral surgeons under the NY Product Liability Act. [read post]
30 Apr 2009, 8:04 am
” The BCCA and BCSC decisions concluded that there was an insufficient proximity between the homeowners and CMHC to create a duty to warn that would support certification of a class action. [read post]
31 Mar 2012, 12:40 pm
" While the property owner has no duty to warn an invitee about "open and obvious" dangers, it nevertheless retains the duty to repair such conditions unless the condition is "so obvious and not inherently dangerous that they can be said... not to constitute a dangerous condition. [read post]
9 Feb 2007, 2:58 pm
Skiles, the Texas Supreme Court issued this per curiam opinion regarding whether an employer owed its truck driver a duty to warn of a danger. [read post]
14 Jan 2013, 11:16 am
[A]ny attempt to predicate the Stengels' claim on an alleged state law duty to warn doctors directly would have been expressly preempted. . . . [read post]
21 Aug 2014, 2:44 pm
It defines a drug or medical device manufacturer’s duty to warn and the manufacturer’s potential liability, and nothing further. [read post]
15 Jun 2012, 1:20 pm
Stacking inference upon inference does not establish a duty-to-warn. [read post]
15 Feb 2007, 12:25 am
Almost all of the cases we handle are governed by the learned intermediary rule, meaning that there's no duty to warn a patient directly, and all warnings about prescription medical products are directed to the prescribers. [read post]
13 Jan 2012, 5:28 am
The California Supreme Court similarly rejected any duty to warn about dangers inherent in somebody else's products: Generally speaking, manufacturers have a duty to warn consumers about the hazards in their products. [read post]
21 Aug 2012, 1:09 pm
The court could easily have decided that this case was governed by Simonetta and Braaten and held that the respirator manufacturers owed no duty to warn about asbestos because they were not in the chain of distribution of the asbes [read post]
17 Jul 2017, 1:04 pm
Royal Caribbean argued that the step was not dangerous as a matter of law, that it did not have a duty to warn of the step and that it was not involved in the design of the step. [read post]
24 Oct 2021, 1:09 am
In those cases, the governmental entity has a duty to warn those who might suffer injuries or avert the danger. [read post]
29 Aug 2012, 9:51 am
Our Annapolis Maryland injury attorneys have years of experience representing Plaintiffs who have been injured as a result of negligence involving an individual or business' duty to warn of a known danger. [read post]
8 Jun 2009, 5:25 am
The Oswego County Supreme Court was of the view DIM didn't have a duty to warn since a saw is known to be dangerous if improperly used, and because no defects were established. [read post]
2 Jun 2008, 7:44 pm
Generally, under California law a manufacturer has a duty to warn users of its products about the potential risks or harm caused by the use of the product. [read post]
17 Oct 2007, 8:08 am
"Please know folks - that while pharmacists have a duty to warn of known interactions, and to counsel you on the medications, in today's fast pace world - there is rarely ANY counseling. [read post]
4 Mar 2011, 9:48 am
If the condition is "open and obvious," a defendant has no duty to warn of the condition. [read post]
15 Aug 2007, 7:24 am
” In light of the fact that the manufacturers are so skilled at and are marketing their products directly to the consumers, the court opined that manufacturers should also have the burden of warning those same consumers: "under West Virginia products liability law, manufacturers of prescription drugs are subject to the same duty to warn consumers about the risks of their products as other manufacturers. [read post]
12 Jul 2012, 11:21 am
The court granted AstraZeneca’s motion for summary judgment on the grounds that the company’s duty to warn of risks applied to the doctor, not the patient. [read post]