Search for: ""duty to warn""
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4 Jan 2013, 12:53 pm
[I]n the context of a negligence duty to warn claim, plaintiffs must further establish proximate causation by showing that had defendant issued a proper warning to the learned intermediary, he would have altered his behavior and the injury would have been avoided.2012 WL 6681895, at *13-14 (citations and quotation marks omitted). [read post]
31 Dec 2012, 9:58 am
This year we won a major appeal where the 11th Circuit Court of Appeal ruled that Carnival has the legal duty to warn passengers of violence and crimes in ports of call. [read post]
29 Nov 2012, 1:23 pm
Any duty to warn [plaintiff] was owed by [the device manufacturer].Collins v. [read post]
19 Nov 2012, 11:45 pm
The cruise ship did not supervise the operation and had no duty to warn passengers of possible dangers in such a trip, as the dangers are obvious the court held. [read post]
16 Nov 2012, 7:14 pm
In the case of a licensee, the property owner has a duty to warn about conditions on the property that the owner knows are harmful. [read post]
16 Nov 2012, 12:43 pm
The cruise line filed a motion requesting the court to find that it did not have a legal duty to warn of potential criminal acts such as rape. [read post]
12 Nov 2012, 4:14 pm
This defensive prelude was curious because Georgia law clearly imported “knowledge” into both the duty to warn, and into resolution of the causal issue. [read post]
1 Nov 2012, 2:37 pm
For those down the line they may allege 1) failure to warn; 2) failure to test; and, 3) failure to re-sterilize. [read post]
25 Oct 2012, 8:57 am
The Duty to Warn Against Foreseeable Onshore Crimes Carnival initially succeeded in getting the Chaparros’ lawsuit dismissed, but the Chaparros persisted and appealed. [read post]
25 Oct 2012, 8:57 am
The Duty to Warn Against Foreseeable Onshore Crimes Carnival initially succeeded in getting the Chaparros’ lawsuit dismissed, but the Chaparros persisted and appealed. [read post]
25 Oct 2012, 4:30 am
” On appeal, BSAF argued, among other things, that the jury was improperly instructed as to the scope BASF’s duty to warn. [read post]
22 Oct 2012, 11:28 am
The town also argues that (1) the trial court's decision to strike the private nuisance claims may be affirmed on the alternative ground that the plaintiffs failed to sufficiently allege that the town proximately caused the damages or that the town created the alleged nuisance by some positive act, and (2) the trial court's decision to grant the town's summary judgment motions may be affirmed on the alternative ground that the town had no duty to warn the plaintiffs… [read post]
18 Oct 2012, 1:52 pm
However, he rejected the defendants’ argument that the Navy’s sophistication regarding asbestos discharged their duty to warn the plaintiff, finding that the lack of evidence of the seaman plaintiff’s sophistication was fatal to the defense. [read post]
12 Oct 2012, 12:16 pm
“Product liability action” includes, but is not limited to, all actions based upon the following theories: strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent; misrepresentation, concealment, or nondisclosure, whether negligent, or innocent; or under any other substantive legal theory in tort or contract whatsoever; This act is intended to… [read post]
11 Oct 2012, 9:31 am
The law maintains that the common carrier has a duty to warn passengers of dangers... [read post]
4 Oct 2012, 12:35 pm
She claimed that the defendants had a duty to warn of the dangers of the heater in both English and Spanish. [read post]
2 Oct 2012, 3:48 am
Likewise, it is alleged that the manufacturers of Mirena had a duty to warn consumers and the medical community of the dangers associated with Mirena and by negligently and/or wantonly failing to adequately warn of these dangers breached their duty of care owed to plaintiffs. [read post]
25 Sep 2012, 7:34 pm
Provide warnings in a timely manner Your doctor has a duty to warn you of future probable health problems you might have – so that you can make informed decisions about your healthcare. [read post]
10 Sep 2012, 8:00 am
In Georgia, a property owner also has a duty to warn anyone who may lawfully enter a property about any hazards or dangers. [read post]
7 Sep 2012, 3:23 pm
Thus, everything having to do with warnings was dismissed (albeit without prejudice). [read post]
