Search for: ""duty to warn""
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3 Jul 2012, 4:19 am
Second, the trial court erred in instructing the jury that Union Carbide had a duty to warn end-users without also instructing the jury that a defendant could have discharged this duty by adequately warning the intermediary manufacturers, and reasonably relying on them to warn end-users. [read post]
23 Apr 2024, 6:16 am
Warning labels are a very popular way to meet this duty to warn. [read post]
8 Jun 2012, 10:35 am
As a matter of both necessity and practicality, the duty to warn the patient of the potential risks and possible alternatives to any prescribed course of action rests with the prescribing physician.Slip op. at 43 (emphasis added). [read post]
13 Jan 2013, 1:08 pm
Even if the plans were part of the contract, the duty to warn and the duty to build in a good and workmanlike manner over-rode the plans and required Double Dutch to build to that standard, and compensate the Colwells for not doing so. [read post]
23 May 2013, 5:00 am
Before the A-Z litigation started, we’d thought, and Bexis had even written in his book, that limiting the duty to warn in this way was a loser. [read post]
10 Oct 2014, 5:42 am
[T]hese facts and circumstances support a duty to warn in this case owed by Internet Brands to its targeted modelmayhem.com members.Reply Brief of Appellant, Doe v. [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
7 Sep 2023, 6:30 pm
The lawsuits also allege a variety of common law claims, including negligence, invasion of privacy, conversion, unjust enrichment, breach of the duty to warn, and such. [read post]
6 Mar 2010, 3:12 am
The wave and wind conditions at the time of the incident should have clearly alerted the officers on duty to warn the passengers to secure themselves in their cabins. [read post]
23 Jun 2009, 1:31 pm
The duty of the property owner is less than that of a business, but there is still a duty to warn of any unsafe conditions on the premise. [read post]
22 Dec 2008, 10:46 am
Under California's learned intermediary doctrine, a prescription drug manufacturer's duty to warn runs to the physician. [read post]
19 Oct 2020, 7:41 am
As a result, both Westinghouse and Foster Wheeler argued that they did not have a duty to warn for asbestos-containing parts manufactured by third parties. [read post]
17 Jun 2010, 10:27 pm
., “We Probably Shouldn’t Put This in Email” [Balasubramani, SpamNotes] “My biggest wish was that I would get a cease and desist from the company that publishes Marmaduke” [Walker, Reason "Hit and Run"] California proposal to jail parents for kids’ truancy [Valerie Strauss/WaPo via Alkon] Parents arrested on charges of forging doctor sick note to excuse third grader [Glenn Reynolds, Dan Riehl] UK judge: NHS need not fund transsexual’s breast… [read post]
13 Dec 2006, 1:04 pm
This New Orleans jury found that Merck did not have a duty to warn. [read post]
2 Sep 2012, 10:22 am
The mall also has the duty to warn of hazards (for example, signs that warn people to not swim in the fountain in the center of the mall). [read post]
15 Mar 2010, 6:03 pm
She asserted personal injury claims under the Louisiana Products Liability Act for, among other things, failure to warn of the risks of the drug's long-term use.The Fifth Circuit rejected the argument that compliance with state duties to warn would burden generic manufacturers with duplicative drug trials, noting that clinical studies are not prerequisites to labeling changes and reports of adverse drug reactions can substantiate the need for a heightened… [read post]
17 Mar 2009, 11:20 am
Proposition 65 contains several exemptions to its warning requirements, one of which provides that there is no duty to warn if a chemical is naturally occurring in food. [read post]
3 May 2013, 9:44 am
The property owner also has a duty to warn customers of hazardous conditions, especially if those conditions cannot be fixed. [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
20 Oct 2010, 7:00 am
If parents have a trampoline in their yard, they have a duty to warn other children of the dangers otherwise, the injured person may have a claim against the homeowner. [read post]
