Search for: ""duty to warn""
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24 Sep 2013, 7:09 pm
Business and property owners in Florida have a duty to warn all patrons and visitors to their property of any dangerous conditions. [read post]
17 Sep 2013, 3:15 pm
The jury found for the Defendants because they believed the Defendants had no duty to warn the Plaintiff of such a danger. [read post]
17 Sep 2013, 1:01 pm
Cruise liners owe passengers a duty to keep the ship in a safe condition, as well as a duty to repair or warn of known dangerous conditions on the vessel and to regularly examine the premises so as to discover any dangerous conditions. [read post]
17 Sep 2013, 12:01 pm
Cruise liners owe passengers a duty to keep the ship in a safe condition, as well as a duty to repair or warn of known dangerous conditions on the vessel and to regularly examine the premises so as to discover any dangerous conditions. [read post]
10 Sep 2013, 7:37 am
This just in, courtesy of Bruce Hamlin of Martin Bischoff, an intermediate appellate court in Washington State has rejected an attempt by plaintiffs to expand the duty to warn under the learned intermediary rule from the current “adequately warn a prescribing physician” standard to “warn every health care provider. [read post]
7 Sep 2013, 9:37 am
Or does the payout indicate that the league did in fact have a duty to warn players about the dangers of multiple concussions and the long-term effects of traumatic brain injury? [read post]
2 Sep 2013, 8:45 am
The judge also rejected defense arguments that Cornell had no duty to warn of the danger of falling into the gorge because it was "open and obvious". [read post]
20 Aug 2013, 7:46 am
Similary, where a client uses a home computer than can be accessed by third parties (such as a spouse, children or other family members), or a 'public' computer than can be accessed by others, the lawyer has a duty to warn the client of the potential risks and instruct the client accordingly. [read post]
13 Aug 2013, 6:27 pm
Legal Issues Presented: The main issue to be decided was whether the school psychologist had a duty to warn Tarasoff that threats had been made against her life by the patient. [read post]
12 Aug 2013, 11:38 am
Rather, it is a consideration to evaluate to whom a defendant owes the duty to warn. [read post]
9 Aug 2013, 1:35 am
Deborah J. [read post]
1 Aug 2013, 1:42 pm
Defendant has a duty to warn of risks about which it knew or “should have known. [read post]
31 Jul 2013, 8:18 am
While Alabama law may have its issues, it clearly defines the duty to warn in prescription drug cases as a duty that runs to the prescribing physician (or healthcare provider). [read post]
30 Jul 2013, 2:01 pm
Ct. at 2477.Equally surprising is the Superior Court’s footnote reaching out (a la Lance with post-sale duty to warn) with dictum on an issue not even before it – “It is undisputed that FDA approval of a name-brand drug . [read post]
25 Jul 2013, 5:00 am
This bright preemption line is summarized by the statement in Mensing: “[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for pre-emption purposes. [read post]
17 Jul 2013, 5:35 am
We think the court's preemption analysis would be of interest to our readers, but since the defendant is a Reed Smith client (although not in the Pinsonneault case), our description is bare bones, with no commentary:Product involved: PMA approved pacemaker leads.Procedural posture: Plaintiffs' motion to amend largely denied (all newly alleged causes of action denied).Reasoning: (1) Failure to warn claim predicated on allegations of failure to report adverse events… [read post]
10 Jul 2013, 7:27 pm
Property owners owe invitees a duty to keep the property in a safe condition, as well as a duty to repair or warn of known dangerous conditions on the premises and to regularly examine the premises so as to discover any dangerous conditions. [read post]
8 Jul 2013, 10:00 pm
Als Konsequenz der sich entwickelten Rechtsprechung zumindest betreffend einer „Duty to Warn“ hat das American Law Institute (ALI) im Rahmen des „Restatement (Third) of Torts: Products Liability § 10 (a) (1998)“ (nachfolgend „Restatement“) zumindest diesem Punkt Rechnung getragen, indem es eine Haftung aufstellt für Fälle, in denen eine „vernünftige“ / „reasonable“ Person gewarnt hätte. [read post]
7 Jul 2013, 11:39 am
MENDACIOUS HISTORY Many asbestos cases have been tried in which the issue of who knew what, when, was relevant to the existence of a duty to warn. [read post]
5 Jul 2013, 11:09 am
These companies failed spectacularly in their duty to warn and they should not be allowed to get away with it simply because the exposure was second-hand. [read post]
