Search for: ""duty to warn""
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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]
5 Jan 2011, 9:37 am
The court thus had to decide whether any such “duty to test” arises under Virginia law.Relying on prior Virginia Supreme Court precedent, the court concluded that a “manufacturer’s duty to warn of a product’s dangers imposes no underlying duty to conduct additional studies or tests because a failure to warn claim rests on a reason to know standard rather than the broader should have known standard. [read post]
10 Jan 2017, 9:17 am
The plaintiff also argued that even if the crates were open and obvious, the defendant owed the plaintiff a duty to warn because he couldn’t negotiate the aisle with reasonable safety. [read post]
8 Nov 2013, 5:00 am
Oct. 8, 2013), the first opinion from New York’s state courts to consider “whether a drug manufacturer that did not manufacture the product alleged to have caused injury owes a duty to a plaintiff because of the required identity of warning labels. [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]
2 Jul 2013, 1:47 pm
Duty to Warn Plaintiffs Directly and Duty to Train Plaintiffs’ PhysiciansThe defense also asked the court to exclude argument that it had a duty to (i) warn the plaintiffs directly or (ii) train the implanting doctors. [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]
5 May 2015, 2:34 pm
Just as drug companies have no duty to warn patients, neither do pharmacies. [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]
13 Feb 2015, 11:43 am
Prescription drug manufacturers, for their part, owe a duty to warn physicians adequately. [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]
1 Aug 2013, 1:42 pm
Defendant has a duty to warn of risks about which it knew or “should have known. [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]
5 Jan 2016, 11:28 am
First, plaintiff attempts to rely on a case where the Illinois Supreme Court did find a pharmacist owed a duty to warn. [read post]
11 Apr 2014, 5:00 am
This court, however, rejected these arguments on the concise and reasoned bases that there is no state-law duty to warn patients about recalls of prescription products and also no state-law duty to warn the FDA. [read post]
12 Aug 2013, 11:38 am
Rather, it is a consideration to evaluate to whom a defendant owes the duty to warn. [read post]
11 Oct 2018, 1:01 pm
” He acknowledged that “[w]e normally do, you’re right, put the duty to warn with the lowest cost avoider. [read post]
2 Apr 2008, 3:55 am
App.3d 862, 866 (1982) (no duty to warn that gasoline is volatile). [read post]
29 Dec 2010, 9:30 am
This exception to the duty to warn includes dangers that are open, obvious, or matters that should be “common sense” to the user. [read post]
10 Aug 2012, 5:00 am
In rejecting plaintiffs' theory, the Court held that while the defendant had a duty to warn, “[t]he duty to warn has never before required a supplier or manufacturer to provide training, only to provide accurate and thorough instructions on the safe use of the product... [read post]
