Search for: ""duty to warn""
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1 Mar 2010, 3:53 pm
The Appellate Court held that the chain could cause an unreasonable risk of harm , and the university had a duty to warn of dangerous conditions caused by the chain. [read post]
23 Jul 2010, 10:16 pm
[American Medical News, sanctions affirmed in Virginia case] “[Congressman Alan] Grayson’s shakedown lawsuit threatens D.C. business” [LaFetra, PLF/Examiner] Asbestos: Do component makers have a duty to warn about other manufacturers’ hazardous products? [read post]
26 Feb 2008, 8:21 am
Unlike the FDA's proposed rule, Congress intended the duty to warn customers of a drug's hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. [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 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 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]
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]
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]
11 Jan 2007, 8:46 pm
The trial court was of the opinion that it had a duty to warn to warn the defendant that continuation of his testimony on cross-examination could result in self-incrimination.The defendants appealed, and the Appellate reversed the decision and remanded the matter back to the trial court for reconsideration of whether the defendants voluntarily entered into the settlement. [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]
11 Nov 2011, 7:34 am
Williams was a licensee and alligators are indigenous in coastal waters, the association had no duty to take action or to warn her of the patent danger. [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 Nov 2009, 10:00 pm
The Supreme Court held that under the recreational use statute, the city, which erected barricades and put up warning signs near the sheer park cliffs, had no duty to warn or protect visitors from "a naturally occurring condition. [read post]
19 Feb 2020, 4:00 am
So having accepted the work which clearly included a dangerous condition, the City now had a duty to warn third parties or to correct the problem, and the contractor’s obligations was waived. [read post]
18 May 2012, 4:44 pm
As far as licensees, the landowner owes a duty to warn of or to make safe hidden dangers known to the landowner and a duty not to intentionally, wilfully, or through gross negligence cause injury. [read post]
9 Jan 2012, 11:51 am
This may include a duty to warn of a dangerous condition or the duty to remove unreasonably dangerous conditions that he or she knew of or should have known of. [read post]
20 Aug 2008, 9:54 pm
She sued the drug manufacturer, Wyeth, contending that the drug company had a duty to warn consumers that injections, like the one she experienced, could have devastating consequences. [read post]
31 Jan 2007, 9:03 pm
.: court rules mfr. had duty to warn about asbestos in other companies' products, though its own product contained none [Ted at Point of Law] Lawyering up for expected business-bashing oversight hearings on Capitol Hill [Plumer, The New Republic] "King of vexatious litigants" in Ontario restrained after 73 filings in 10 years, though he says he did quite well at winning the actions [Globe and Mail, Giacalone's self-help law blog] Sen. [read post]
28 Feb 2017, 12:17 pm
When slapped with a slip and fall claim, cruise lines will often use this defense to claim the cruise ship had no duty to warn its passengers of the obvious danger. [read post]
27 Dec 2018, 5:21 am
The owners and operators of boats have a duty to warn passengers of dangers and to operate their boats properly. [read post]
