Search for: ""duty to warn""
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27 Mar 2015, 10:44 am
Oct. 23, 2014), as we reported, the Court held that the learned intermediary doctrine governed a medical device manufacturer’s duty to warn when the manufacturer had never engaged in direct-to-consumer advertising. [read post]
28 May 2015, 8:03 am
Third, there is close connection between Geoffrey's failure to warn and the injury plaintiffs' decedent suffered. [read post]
9 Feb 2013, 4:47 am
That the plaintiff failed to prove Exxon had a duty to warn because it wasn't proven that Exxon knew about the danger - only that it should have known. [read post]
28 Aug 2015, 7:37 am
The school did not warn Cara Munn or her family that you can get this disease in China. [read post]
10 Jul 2013, 7:27 pm
Property owners owe invitees a duty to keep the property in a safe condition, as well as a duty to repair or warn of known dangerous conditions on the premises and to regularly examine the premises so as to discover any dangerous conditions. [read post]
6 Oct 2022, 2:29 am
They also have a duty to warn customers of a dangerous condition that they knew or should have known about. [read post]
United States Virgin Islands - One of the Safest or Most Dangerous Cruise Destinations in the World?
9 Nov 2014, 9:06 am
" The leading maritime case involving a cruise line's duty to warn passengers of dangers ashore involves a young girl murdered while visiting St. [read post]
28 Feb 2013, 8:10 am
See also Id. at 6 (quoting Richards, 527 P.2d at 1077, for the proposition that “[o]rdinarily the manufacturer’s duty to warn of the dangers of prescription drugs is to the attending physician, not the patient”).Thus the Rimbert aberration is now even further on the way to extinction. [read post]
23 Mar 2015, 4:36 am
Under the GTLA, a plaintiff making a premises liability claim must prove that “(1) the governmental entity owns and controls the location or instrumentality alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached either its duty to eliminate the condition or its duty to… [read post]
19 Mar 2012, 12:49 pm
The sophisticated user doctrine is used to establish a manufacturer's duty to warn product users of potential dangers associated with the use of their products. [read post]
4 Dec 2014, 11:31 am
The Plaintiff filed a suit alleging negligence based on premises liability and a duty to warn individuals such as the Plaintiff. [read post]
3 Aug 2016, 7:16 am
In that case, the duty to warn would fall on the shoulders of the intermediary. [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]
28 Jun 2017, 6:57 am
The woman then filed a lawsuit against the bank as well as its general contractor, alleging a breach of the duty to warn and a breach of the duty to maintain a safe location. [read post]
13 Oct 2014, 9:03 am
Even if the disease is rare and it is unlikely that someone would contract it, an employer still owes a duty to warn its employees. [read post]
6 Feb 2023, 8:20 am
Here, the court found that the defendant pharmacy had no duty to warn the plaintiff of the drug’s alleged side effects. [read post]
16 Nov 2011, 7:49 am
This limitation of duty does not apply to the governmental unit's duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices. [read post]
4 Dec 2014, 11:31 am
The Plaintiff filed a suit alleging negligence based on premises liability and a duty to warn individuals such as the Plaintiff. [read post]
12 Aug 2016, 1:08 pm
Accordingly, a business owner ordinarily has no duty to warn a customer of an open, obvious, and present danger. [read post]
28 Jul 2014, 1:58 pm
This particular issue was raised when a lawsuit was filed against mental health professionals claiming that they owed a duty to warn a potential victim of their patient. [read post]
