Search for: ""duty to warn""
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28 May 2015, 8:03 am
Third, there is close connection between Geoffrey's failure to warn and the injury plaintiffs' decedent suffered. [read post]
12 May 2015, 7:52 am
The court stated the company had no duty to warn the man about a danger it did not create and had no actual or constructive notice of. [read post]
6 May 2015, 2:21 pm
Every premises liability case analysis involving invitees begins here: “Generally, a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]
5 May 2015, 2:34 pm
Just as drug companies have no duty to warn patients, neither do pharmacies. [read post]
4 May 2015, 5:59 am
Celebration [Station Properties, Inc.] owed Weaver no duty to warn her of the open and obvious dangers of go-kart driving. [read post]
2 May 2015, 5:22 am
Analysis “Generally, a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]
16 Apr 2015, 6:30 am
The defense also asserted that the Plaintiff had failed to offer evidence of gross negligence as allegedly required by the Mental Health Procedures Act.The Plaintiffs countered with an argument that the Defendants stood in a special relationship with the Plaintiff that required the Defendants to take action to protect the Plaintiff and imposed upon the Defendants a professional duty to warn the Plaintiff of potential danger from her allegedly mentally unstable… [read post]
15 Apr 2015, 4:15 am
Imposition of a duty to warn would also have detrimental social consequences. [read post]
9 Apr 2015, 10:03 am
In addition, the court said the business had no duty to warn the woman about an obvious condition that she should have noticed. [read post]
8 Apr 2015, 9:44 pm
"9th Tackles Duty to Warn in Model Mayhem Rape Case": Katherine Proctor of Courthouse News Service has a report that begins, "The 9th Circuit heard from both sides Wednesday in a case alleging liability of the Model Mayhem website after two of its users drugged and raped a woman by luring her to a bogus casting call. [read post]
8 Apr 2015, 5:00 am
If the learned-intermediary doctrine applies with equal force to them, and therefore negates a duty to warn of dangers of which they were unaware, and thus creates a defense common to all the defendants, the case has to be remanded to the state court. [read post]
27 Mar 2015, 10:44 am
Oct. 23, 2014), as we reported, the Court held that the learned intermediary doctrine governed a medical device manufacturer’s duty to warn when the manufacturer had never engaged in direct-to-consumer advertising. [read post]
23 Mar 2015, 2:12 pm
Under the GTLA, a plaintiff making a premises liability claim must prove that “(1) the governmental entity owns and controls the location or instrumentality alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached either its duty to eliminate the condition or its duty to… [read post]
23 Mar 2015, 2:12 pm
Under the GTLA, a plaintiff making a premises liability claim must prove that “(1) the governmental entity owns and controls the location or instrumentality alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached either its duty to eliminate the condition or its duty to… [read post]
23 Mar 2015, 4:36 am
Under the GTLA, a plaintiff making a premises liability claim must prove that “(1) the governmental entity owns and controls the location or instrumentality alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached either its duty to eliminate the condition or its duty to… [read post]
18 Mar 2015, 7:00 am
Feb. 26, 2015), defendant Eli Lilly & Co. moved for summary judgment in a Byetta pancreatitis case, arguing that, under the “learned intermediary” doctrine, it was entitled to summary judgment on plaintiff’s claims that Byetta’s pancreatitis warnings were inadequate.Plaintiff cross-moved for summary adjudication, arguing that manufacturer’s duty to warn ran to the plaintiff because, pursuant to 21 C.F.R. [read post]
17 Mar 2015, 12:59 pm
In an effort to combat and draw attention to the seriousness of Bullying, OCMS partnered with Marlene Seltzer, MD, Director of the Beaumont Children's Hospital NoBLE Anti-Bullying Program and Rob Iwrey, Esq. [read post]
10 Mar 2015, 4:30 am
Because the jury returned a general verdict that simply found for the defendant on the two claims of (1) “Negligence – Manufacturer or Supplier – Duty to warn” and (2) “Strict Liability – Failure to Warn,” the appellate court was required to infer that the jury by its general verdict found for the defendant on every issue submitted. [read post]
25 Feb 2015, 7:16 pm
"Does a website for models have a duty to warn users about rapists? [read post]
25 Feb 2015, 2:15 pm
Instead, Jane Doe No. 14 was suing under a California duty-to-warn law, the court said. [read post]
