Search for: ""duty to warn""
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14 Jan 2020, 7:40 am
On appeal, the court concluded that, even if the defendants had a duty to warn residents with something more than blocking the entrance of the parking lot, the plaintiff was aware of the danger and assumed the risk of injury. [read post]
6 Aug 2014, 3:32 am
If a business or other property owner is aware of or should be aware of a dangerous condition, the owner has a duty to warn visitors and invitees about it. [read post]
4 May 2018, 9:22 am
However, the court also rejected this claim, finding that since the plaintiff assumed the risks involved in skiing off-trail, the resort did not owe him a duty to warn of the conditions. [read post]
24 Oct 2016, 9:08 am
The question is whether the defendant had knowledge the material contained asbestos and whether they had a reasonable duty to either use another material or warn the workers they were being exposed to deadly asbestos fibers. [read post]
14 Feb 2019, 9:27 am
Property owners have no duty to warn visitors of a danger that is “open and obvious. [read post]
26 Oct 2015, 6:19 am
In a premises liability case, you will need to look at defendant’s duty to warn of known defects. [read post]
31 May 2021, 5:44 am
The court therefore held that the university did not have a duty to warn of the curb and affirmed summary judgment. [read post]
4 Feb 2011, 8:32 am
The section on exceptions to the duty to warn was originally much longer and had a great deal of additional case law and information. [read post]
3 Mar 2017, 6:08 pm
If there’s no knowledge, there is no duty to warn of potential dangers. [read post]
22 Mar 2012, 10:24 am
Nevertheless, defense attorneys had the duty to warn their clients of such consequences. [read post]
15 Mar 2021, 11:56 am
The plaintiffs argued that this breached the duty to warn and the duty to keep the premises reasonably safe. [read post]
10 Nov 2022, 10:46 am
In that situation, the manufacturer has a duty to warn the medical community and the consumer about the hazard. [read post]
9 Jul 2018, 9:32 am
The court explained that a defendant generally does not have a duty to warn of open and obvious hazards. [read post]
29 Mar 2012, 6:23 pm
In Mensing, the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [read post]
9 Apr 2014, 1:45 pm
He characterized the shoes as a “potentially dangerous product” and alleged that the defendants failed in their duty to warn of the risk of injury or provide adequate instruction for the use of the product. [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]
12 May 2010, 3:25 am
The Texas Supreme Court has stated that a manufacturer generally does not have a duty to warn or instruct about another manufacturer's products, even though a third party might use those products in connection with the manufacturer's own products. [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]
20 Jul 2020, 5:20 am
Plaintiff argued that even if there was no duty to remove the snow, defendant had a “duty to warn the public of the existence of ice in the parking lot. [read post]
23 Aug 2018, 10:36 am
Property owners have a duty to inspect their property on a regular basis for dangers and to correct dangers, as well as a duty to warn visitors of any potentially hazards or defects. [read post]
