Search for: ""duty to warn""
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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]
4 Dec 2013, 2:38 pm
In her dissent, Judge Stranch disagreed with the majority’s characterization of state law, believing that Tennessee courts might find that brand-name drug manufacturers have a duty to warn consumers that purchase generic drugs. [read post]
21 May 2019, 5:51 am
The Respondents are 500 individuals claiming that under state law, Merck, Sharp & Dohme had a duty to warn them of potential femoral fractures. [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]
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]
11 Jan 2021, 12:05 pm
She argued that the defendant had superior knowledge of the hazard and had the duty to warn the plaintiff of the hazard. [read post]
16 Jun 2014, 1:52 pm
” The article surveys U.S. products liability law pertaining to the duty to warn and analyzes the Ninth Circuit’s decision in Rosa v. [read post]
24 Jun 2010, 9:18 am
Furthermore, they have a duty to warn users of the dangers of their medicines so individuals can make informed decisions. [read post]
13 Apr 2021, 10:59 am
Typically, when the danger is open and obvious, the property owner does not maintain a duty to warn of the danger or make the premises safe. [read post]
10 Oct 2016, 8:50 am
First, cruise lines have a duty to warn their passengers of any dangers that may be present in any ports. [read post]
28 Jan 2020, 10:25 am
Similarly, if talc-based products pose a danger to consumers, Johnson & Johnson has a legal duty to warn consumers of such. [read post]
17 Mar 2017, 4:00 am
The Browns averred that the hole in the porch floor was open and obvious to all and thus, they had no duty to warn Ms. [read post]
8 Aug 2011, 4:30 am
As part of the State’s duty to keep its property reasonably safe, it has a duty to warn of a dangerous condition that is not open and obvious. [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]
24 May 2010, 12:02 pm
The Court therefore found that the injured party relieved those who may otherwise have had a duty to warn him, and implicitly agreed to take care of himself.The Opinion may be viewed by clicking on this link:http://www.courts.state.pa.us/OpPosting/Superior/out/A04012_10.pdfSource: Pennsylvania Law Weekly Case Digests [read post]
28 Jun 2016, 8:33 am
A duty to warn the guest of any known dangers. [read post]
11 Aug 2008, 7:25 pm
On appeal, the Appellate Division, Third Department, found there were a number of unresolved questions which needed to be addressed at a formal hearing or trial, including whether "the hazard of sunburn presented by [Tanning Bed's] use of more intense tanning bulbs was open and obvious," in which case Tanning Bed would have had no duty to warn Oliver. [read post]
13 Jan 2012, 4:30 am
When we saw his name as a presenter, we thought that the CLE would be a gritty analysis of the legal themes of Springsteen’s immortal “Darkness of the Edge of Town” LP, but actually, it’s about the duty to warn in the digital era. [read post]
15 Apr 2019, 9:46 am
A driver also must anticipate that a pedestrian could attempt to cross the street at any point, and has the duty to warn a pedestrian of their approach by honking the horn or give some other type of warning. [read post]
31 May 2012, 10:53 am
The Court held that a premise possessor does not have the duty to warn an invitee, such as the plaintiff, if the danger is known to the invitee or so obvious it would be reasonable for the invitee to discover it. [read post]
