Search for: ""duty to warn""
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15 Dec 2008, 5:51 pm
Simonetta had argued Restatment (Second) of Torts 388, which provides a duty to warn where the use of the product could be dangerous. [read post]
23 Aug 2012, 10:01 pm
Legally, it is irrelevant to the cruise line's duty to warn whether the passenger was previously trying to buy pot or some other "drug. [read post]
7 Jul 2016, 7:41 am
The appellate court reasoned that since the defendants didn’t owe a duty to warn or make the campsite safe against flooding due to rain, summary judgment in favor of the defendants was proper. [read post]
Virgin Islands Daily News: Parents of 14 Year Old Girl Killed in Coki Point Sue Carnival Cruise Line
3 Jun 2011, 6:34 pm
Cruise lines have a legal duty to warn their passengers of dangers in the ports of call. [read post]
9 Sep 2020, 10:02 am
In regards to a landlord’s duty to warn, there is no obligation to warn if the danger is open and obvious. [read post]
23 Aug 2012, 7:31 am
Therefore, the company had a duty to warn users and anyone who would potentially be cleaning the product of the safest way to do so. [read post]
22 Dec 2006, 8:54 pm
We decline to impose on real estate brokers an independent duty to inspect properties they show and to warn prospective customers about dangerous conditions they so discover, and McColly's agent did not gratuitously undertake such a duty. [read post]
29 Aug 2010, 7:02 am
It also undercuts any argument that the association had a duty to warn and then breached that duty. [read post]
5 Oct 2016, 10:37 am
Pharmaceutical manufacturers such as AstraZeneca have a legal duty to warn the public of any risks associated with the use of their medical products. [read post]
24 Jan 2011, 3:15 pm
” The Ninth Circuit’s decision that there is no impossibility of compliance in this case (as in Demahy and Mensing) is based on the Court’s determination that the FDC Act provides generic drug manufacturers “with at least three separate mechanisms by which they can discharge their state-law duty to warn of additional risks associated with their products: (a) the CBE process approved by the Supreme Court in Levine; (b) the ‘prior approval’… [read post]
8 Jun 2017, 2:04 pm
It held the defendant had no duty to warn or repair the driveway because the plaintiff knew of the condition of the driveway. [read post]
13 Jul 2021, 8:58 pm
” Royal Caribbean Had No Duty to Warn of an Open and Obvious Danger Having found that the hazard that led to the child’s death was the placing of the toddler on or through an open window, and that the grandfather either knew or should have known the window was open, the Court held that there is no duty to warn of the danger of placing a child in such a location. [read post]
10 Jun 2016, 11:34 am
” Defendant moved for summary judgment, claiming they “had no duty to warn [plaintiff] of the three-and-on-half-inch step-down at the doorway because it was not foreseeable that anyone would fall because of it. [read post]
18 Apr 2012, 1:20 pm
The court rejected this argument, noting that the bank had no duty to warn Mr. [read post]
21 Jan 2016, 12:08 pm
Under the LID, however, a manufacturer satisfies its duty to warn the end user by adequately warning the learned intermediary, which duty, if satisfied, means that no actionable breach of a legal duty to the end user occurs. [read post]
2 Feb 2017, 9:37 am
If so, the condition is open and obvious, and no duty to warn arises. [read post]
2 Feb 2017, 9:37 am
If so, the condition is open and obvious, and no duty to warn arises. [read post]
20 Nov 2007, 5:00 am
A property owner owes an invitee the duty of discovering a dangerous condition, whereas he owes a licensee only the duty to warn him of a dangerous condition he already is aware of. [read post]
30 Sep 2012, 4:49 pm
Viad Corp. that manufacturers have no duty to warn of the dangers inherent in products they do not manufacture, sell, or supply. [read post]
23 Aug 2011, 7:27 am
The court correctly cited to and relied on Florida’s learned intermediary law – “a prescription drug manufacturer’s duty to warn of a drug’s potential risks is directed to the physician rather than the patient. [read post]
