Search for: ""duty to warn""
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5 Oct 2010, 8:20 pm
We hope Jim can get to the bottom of this and win justice for his clients, if in fact Brookfield Renewable Power acted irresponsibly, negligently or otherwise failed in its important duty to warn fishermen of rapidly rising waters. [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]
20 Mar 2011, 11:47 pm
(Link is fixed)Derrick DePledge has a piece in the Star Advertiser today about a bill that holds that authors and in some cases publishers of visitor guides and websites have a duty to warn readers of dangerous conditions. [read post]
22 Dec 2009, 6:45 am
A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware. [read post]
24 Jun 2010, 9:36 am
Furthermore, they have a duty to warn users of the dangers of their medicines so individuals can make informed decisions. [read post]
4 Mar 2009, 8:02 am
The Supreme Court squarely rejected this argument, finding that Wyeth's argument would shift the burden of providing adequate warnings to the FDA when the duty to warn rests directly upon the manufacturer. [read post]
28 Jun 2016, 8:33 am
A duty to warn the guest of any known dangers. [read post]
21 May 2007, 6:55 pm
This is clearly a case where the learned intermediary rule (an exception to the manufacturer's common law duty to warn consumers directly of reasonably foreseeable risks--provided they provide adequate warnings to the prescribing doctors) is going to play a significant role in any injuries or deaths that occur going forward in the wake of the FDA Safety Alert, and doctors who keep their patients on Avandia will probably be called to answer for that judgment call. [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]
27 Apr 2010, 10:40 am
Still, Bayer is not putting a warning on Yaz/Yasmin that is going to clear its duty-to-warn obligation in future blood clots cases (and, again, this warning has no impact on the Yaz gallbladder cases). [read post]
22 Apr 2019, 2:47 pm
” A landowner also has a duty to warn licensees of any known dangers on their property. [read post]
1 Aug 2016, 12:08 pm
The Court of Appeals reversed, noting that under prior Kentucky precedent: (1) a landlord owes a heightened duty of care to tenants above and beyond the duty owed by a landowner to a business invitee; (2) a landlord owes a duty to warn as well as a duty to exercise reasonable diligence to keep common areas in a safe condition for tenants; and (3) the open and obvious doctrine does not bar recovery when the common area exception applies. [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]
12 Jul 2012, 11:21 am
The court granted AstraZeneca’s motion for summary judgment on the grounds that the company’s duty to warn of risks applied to the doctor, not the patient. [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]
27 Jan 2021, 10:35 am
The trial court ruled in favor of the defendant, concluding that they had no duty to warn the plaintiff of “an open and obvious drain” and that the plaintiff should have taken steps to avoid the accident. [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]
17 Sep 2020, 8:39 am
Because they failed to warn her, the plaintiff argued that the defendant breached its duty and failed to exercise ordinary care. [read post]
16 Feb 2009, 2:27 am
On the eve of trial, Judge Freedman had denied defense motions to exclude testimony by Thomas’ medical experts and industrial hygienist, but granted a motion to preclude a plaintiff warning expert from offering an opinion as to whether defendants had a duty to warn or on the effectiveness of defendants’ warning labels. [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]
