Search for: ""duty to warn""
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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]
21 Dec 2015, 9:10 am
Since the risk of harm was apparent in this case, and the defendants were the only party who could have conceivably prevented the harm, the court found that a duty to warn did arise. [read post]
17 Dec 2015, 5:50 pm
The manufacturer's duty to warn extends to the treating physician, and not directly to the patient. [read post]
15 Dec 2015, 1:28 pm
The County did not have a duty to warn of the risk of falling on debris if a tree rope swing breaks. [read post]
15 Dec 2015, 12:25 pm
Plaintiff pointed to a decision by the Northern District of New York holding that a manufacturer’s duty to warn extends not to the plaintiff but to the plaintiff’s physician and that that duty is parallel to the federal duty to report adverse events. [read post]
14 Dec 2015, 2:14 pm
While a manufacturer may argue that their particular component design is perfectly safe when used properly, they have a duty to warn consumers of potential, known risks associated with misuse of the product. [read post]
14 Dec 2015, 11:25 am
The case proceeds under a legal theory under which an employer, in this case the NFL, has a duty to warn employees that the job they are performing has a serious risk of injury. [read post]
24 Nov 2015, 10:20 am
Despite this, the court stated the plaintiffs failed to establish the excursion business had a duty to warn the woman that snorkeling was unsafe and dismissed the plaintiffs’ negligence claims against the business without prejudice. [read post]
23 Nov 2015, 3:39 am
Eventually plaintiff did retain counsel and brought this product liability action on the grounds of strict liability, negligence, and breaches of the implied warranty of fitness, implied warranty of merchantability, and duty to warn. [read post]
10 Nov 2015, 12:00 pm
This is the marriage between the FDA’s labeling standards and its safety obligations and the legal standard that a manufacturer has a duty to warn only of those risks of which it knew or reasonably should have known. [read post]
26 Oct 2015, 6:19 am
In a premises liability case, you will need to look at defendant’s duty to warn of known defects. [read post]
19 Oct 2015, 8:59 am
” As regular readers of this blog and DDLB will know, the learned intermediary doctrine holds that “in the case of prescription drugs, the duty to warn runs to the physician, not to the patient. [read post]
15 Oct 2015, 5:03 am
As such, Align has a duty to warn the dentist about any dangerous side effects pertaining to the Invisalign treatment, but has no duty to directly warn Plaintiff.Id. at *10-11. [read post]
13 Oct 2015, 12:02 pm
But even if there had been a duty to warn, plaintiffs’ warning claim also fails for lack of proximate cause. [read post]
12 Oct 2015, 9:29 am
“According to the learned intermediary doctrine, where a defendant manufactures a product which is dispensed to patients by doctors, rather than directly, the defendant has a duty to warn only the doctor, rather than the patients of any risks associated with the product’s use. [read post]
8 Oct 2015, 10:25 am
Here, Defendant had a duty to warn patrons of the potential dangers when exiting the parking lot. [read post]
29 Sep 2015, 12:22 pm
The court also found that the plaintiffs had presented no genuine dispute regarding their claim that the defendant had not fulfilled its duty to warn customers of a potential hazard. [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]
25 Sep 2015, 8:21 am
” Cases Involving Injured or Killed Employees Duties an employer owes to an employee: The duty to provide a reasonably safe work place, duty to train, duty to supervise, duty to exercise reasonable care in hiring, duty to establish safety rules, duty to furnish safe instrumentalities, duty to provide adequate help to employees, duty to warn employees about non-obvious hazards. [read post]
10 Sep 2015, 10:36 am
But even if he had, “there is not duty under Georgia law to report adverse events to the FDA. [read post]
