Search for: ""duty to warn""
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16 May 2013, 2:09 pm
While manufacturers have duties to warn about drugs, publishers to not assume them merely by publishing information written by drug companies. [read post]
4 Sep 2014, 12:42 pm
Other cases finding preemption of post-sale duty to warn claims asserting a mandatory state-law requirement to change a warning through the CBE process are: Scanlon v. [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]
25 Aug 2008, 12:42 pm
The second issue is whether the trial court erred in refusing to instruct the jury that Hobbs had no duty to warn Thomas of dangers of which Thomas was aware. [read post]
10 Jan 2012, 7:29 am
Another aspect of drug product liability cases that can be tricky is the drug manufacturer's duty to warn. [read post]
18 May 2017, 8:15 am
There is no duty to warn of a condition that is obvious. [read post]
30 Sep 2019, 9:00 am
You can also bring a claim for negligence, citing that the company failed to fulfill its duty to warn of certain risks. [read post]
7 Mar 2010, 8:12 am
Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line. [read post]
18 Jul 2018, 9:22 am
In an Alabama premises liability case, a premises owner does not have a duty to warn an invitee of open and obvious dangers of which the invitee is aware, or should be aware if exercising reasonable care. [read post]
22 Aug 2015, 8:16 am
The defendant filed a motion to dismiss the case, claiming, under Michigan law, there was no duty to warn a buyer of a risk after the product was sold, and there was no duty assumed by performing a training series. [read post]
24 Apr 2019, 6:19 am
On appeal, the 5th DCA reversed the summary judgment holding that while the condominium association did not have a duty to warn the plaintiff of the uneven sidewalk, there was a duty to repair the hazard. [read post]
8 Dec 2009, 5:45 pm
The plaintiff further alleged that the defendant had breached duties to warn and to safely operate its premises to protect spouses and family members of employees from coming into contact with chemical substances used at its facility, thereby causing the plaintiff to suffer secondary chemical exposure. [read post]
2 Mar 2010, 8:24 am
The theory seems to be of the duty to control/duty to warn type (Remember Tarasoff?) [read post]
28 Aug 2019, 11:58 am
The court also declined to recognize a duty to warn the decedent of drive-by shootings. [read post]
15 Oct 2014, 1:04 pm
Here, the plaintiff argued that the law firm had a duty to warn him of the chair’s “dangerous condition. [read post]
9 Jul 2020, 4:00 am
Drug manufacturers have a legal and ethical duty to warn patients about potential risks and to remove drugs from the market/not place them on the market if they are harmful. [read post]
12 Apr 2016, 8:32 am
As such, Publix had no duty to warn the plaintiff about the dangers the spilled detergent presented. [read post]
19 Sep 2018, 6:00 am
More Blog Posts: Maryland Court Examines a Manufacturer’s Duty to Warn Household Members in Asbestos Case, Maryland Personal Injury Blog, published June 2, 2017 Maryland Court Rules for Plaintiff in Wrongful Death Appeal Regarding Venue, Maryland Personal Injury Blog, published April 25, 2017 The post Maryland Plaintiffs Wins Appeal to Bring Wrongful Death Action Against Shopping Center appeared first on Maryland Personal Injury Blog. [read post]
13 Jun 2017, 9:38 am
In other words, many IUD medical malpractice cases occur because the physician breaches the duty to warn patients of the risks associated with using the IUD. [read post]
11 Jun 2019, 4:45 pm
It held that when Amazon chose to send the email to the one plaintiff, and in so doing sought to warn her of the dangers posed by the hoverboard, it assumed a duty to warn. [read post]
