Search for: ""duty to warn""
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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]
26 Jan 2018, 12:26 pm
” Additionally, the ship owner has a duty to warn the stevedore of known dangers. [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]
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 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]
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]
8 Feb 2012, 11:15 am
When at sea, cruise lines have the duty to warn passengers from bad weather as soon as the dangers become known. [read post]
31 Jan 2019, 3:49 pm
The defendant argued that the plaintiffs had failed to prove that it owed a legal duty to warn household members of the dangers of asbestos exposure. [read post]
18 Oct 2012, 1:52 pm
However, he rejected the defendants’ argument that the Navy’s sophistication regarding asbestos discharged their duty to warn the plaintiff, finding that the lack of evidence of the seaman plaintiff’s sophistication was fatal to the defense. [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]
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]
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]
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]
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]
22 Dec 2016, 8:04 am
Linert et al. v Adrien Foutz, et al., At issue is whether a manufacturer has a duty to warn purchasers of known risks associated with the product after a sale is made, and whether the manufacturer’s implementation of an improvement program triggers a post-marketing duty to warn. [read post]
22 Mar 2012, 11:52 am
The sophisticated user doctrine addresses the manufacturer's duty to warn of potential dangers associated with the use of their products. [read post]
29 Jun 2012, 6:33 am
" In the opinion, the Court indicated that "Under the learned intermediary doctrine, the manufacturer of a pharmaceutical product satisfies its duty to warn the end user of its product's potential risks by providing an adequate warning to a 'learned intermediary,' who then assumes the duty to pass on the necessary warnings to the end user. [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]
18 Sep 2018, 1:43 am
The trial court ruled that defendant “had no duty to warn [plaintiff] of the allegedly dangerous condition which [plaintiff] or his co-employee created and knew about. [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]
