Search for: ""duty to warn""
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11 Jul 2012, 2:58 am
Broadly worded, the Court’s opinion, which ignores the decisions of a local jury and a lower appellate court, states that “a prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who prescribe the drug and, once fulfilled, it has no further duty to warn the end users directly. [read post]
5 Aug 2016, 10:03 am
The Walt Disney Corporation has a duty to warn guests of dangers it knows about or should have known about. [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]
20 Mar 2025, 5:00 am
Harding sued alleging that Lifetime had a duty to duty to warn prospective clients like Mr. [read post]
26 Jan 2018, 12:26 pm
” Additionally, the ship owner has a duty to warn the stevedore of known dangers. [read post]
28 Jun 2016, 10:50 am
Genuine Parts Company immediately filed a motion for summary judgment after discovery was complete, arguing that there was no duty to warn Ms. [read post]
22 Aug 2008, 1:00 pm
Fellner's duty-to-warn claim does not conflict with an FDA determination deliberately to forego warnings because the FDA took no action to preclude state warnings - at least, no binding action via ordinary regulatory procedures, and no action whatsoever until after Tri-Union allegedly wrongfully failed to warn. [read post]
13 Jun 2011, 8:39 am
The appellate court noted that although a landowner owes a duty to people entering its premises to discover unreasonably dangerous conditions and to either repair them or warn of their existence, there is no duty to warn of an open and obvious condition. [read post]
1 Feb 2012, 4:01 am
The plaintiffs had won, at trial, on the ground of duty to warn. [read post]
16 Sep 2019, 10:32 am
Because the danger at issue was open and obvious to the child’s father, the defendants did not have a duty to warn the father about the lack of a seat on the zip line. [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]
11 Jul 2012, 2:57 am
Broadly worded, the Court’s opinion, which ignores the decisions of a local jury and a lower appellate court, states that “a prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who prescribe the drug and, once fulfilled, it has no further duty to warn the end users directly. [read post]
10 Nov 2008, 12:00 pm
However, tire manufacturers also have a duty to warn customers of these instances. [read post]
5 May 2015, 2:34 pm
Just as drug companies have no duty to warn patients, neither do pharmacies. [read post]
6 Mar 2013, 4:30 am
We’d criticize the reasoning, but we’re not sure “reasoning” is quite the right characterization when the court relies on Wisconsin authority holding that “[i]mplicit in the duty to warn is the duty to warn with a degree of intensity that would cause a reasonable man to exercise for his own safety the caution commensurate with the potential danger. [read post]
4 Feb 2013, 2:07 pm
The plaintiff’s failure to warn claim would fail if the manufacturers satisfied their duty to warn or there was no proximate cause – say, because the doctor knew of the risk: The learned intermediary doctrine is a corollary to the rule that a manufacturer of prescription drugs or products discharges its duty to warn by providing the physician with information about risks associated with those products. . . . [read post]
13 Feb 2015, 11:43 am
Prescription drug manufacturers, for their part, owe a duty to warn physicians adequately. [read post]
4 Feb 2015, 7:17 pm
Or, even in the absence of that duty, the duty to warn other parents in the event that it learns that the non-immunized child has traveled to a location with an outbreak of measles? [read post]
8 Jul 2016, 3:26 pm
The district court will now consider whether the website actually had a duty to warn its users in this context and whether it violated that duty. [read post]
25 Sep 2015, 8:51 am
Under the learned intermediary rule, which all but a few states apply (including Illinois), the duty to warn runs from a drug’s manufacturer to the prescribing physician. [read post]
