Search for: ""duty to warn""
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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]
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]
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 May 2015, 8:03 am
Third, there is close connection between Geoffrey's failure to warn and the injury plaintiffs' decedent suffered. [read post]
3 Oct 2019, 10:23 am
Avi Asher-Shapiro commented on the Trump administration’s efforts to stonewall a FOIA request on whether the U.S. government failed to fulfill their duty to warn Jamal Khashoggi of the danger to his life prior to his murder. [read post]
9 Apr 2019, 11:48 am
If such was the case, at the very minimum these states had the duty to warn Khashoggi of the threat, which they did not do. [read post]
8 Oct 2016, 8:39 am
One of the first changes I notice is that “foreseeable” is emphasized with an underline when the majority holds that a duty to warn “extends to identifiable and foreseeable victims. [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]
17 Sep 2013, 1:01 pm
Cruise liners owe passengers a duty to keep the ship in a safe condition, as well as a duty to repair or warn of known dangerous conditions on the vessel and to regularly examine the premises so as to discover any dangerous conditions. [read post]
10 Oct 2018, 7:19 am
Reports that U.S. intelligence may have had some advanced information regarding a plot to harm Khashoggi raises additional questions about intelligence services’ duty to warn. [read post]
9 May 2013, 5:34 am
District Court asked for certification from the Alabama Supreme Court on the issue of brand name manufacturer liability for duty to warn. [read post]
10 Nov 2013, 2:56 pm
If the dangerous condition exists long enough on the vessel, regardless of who created the dangerous condition, the cruise line owes passengers a duty to warn of the condition and correct it. [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]
10 Dec 2020, 5:30 am
It was additionally noted that that manufacturer did not have the duty to warn just because it had recommended the size of the table needed to make its machine work. [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]
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]
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]
10 Sep 2013, 7:37 am
This just in, courtesy of Bruce Hamlin of Martin Bischoff, an intermediate appellate court in Washington State has rejected an attempt by plaintiffs to expand the duty to warn under the learned intermediary rule from the current “adequately warn a prescribing physician” standard to “warn every health care provider. [read post]
24 Apr 2014, 11:06 am
The trial judge, according to the appeals court, only focused on the existence of the club's "duty to warn" the victim about potentially unsafe conditions. [read post]
18 Apr 2008, 6:30 pm
The manufacturer moved for summary judgment, arguing that under the sophisticated user doctrine, it had no duty to warn because the risk was within the professional knowledge of HVAC installers and repairers. [read post]
