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It is important to note that the landowner has no duty to warn the invitee of a danger that is obvious, reasonably apparent, or as well known to the person injured as it is to the landowner. [read post]
30 May 2019, 1:42 pm by Karsner & Meehan, P.C.
The appellate court rejected the plaintiff’s argument that the trial court’s refusal to submit the requested instruction to the jury was erroneous, noting that the trial court gave the jury an instruction that set forth a property owner’s duties, including the duty to warn of hidden defects. [read post]
6 May 2015, 2:21 pm by Jeffrey P. Gale, P.A.
Every premises liability case analysis involving invitees begins here: “Generally, a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]
9 Jul 2018, 10:15 am by Lebowitz & Mzhen
Of course, many prescription drugs come with less-than-desirable side-effects, and it is the manufacturer’s duty to warn patients of not just the likely side-effects, but all known possible side-effects. [read post]
1 Jun 2009, 8:25 am
The crane operator sued Johnson, cliaming that she had a duty to warn him about the septic system. [read post]
15 Mar 2012, 12:57 pm
There is only a slight distinction between when you are owed a warning from your employer and when you are not owed a warning. [read post]
29 Dec 2020, 5:57 am by Searcy Law
Where roadways have known faults or are under repairs, the state has a duty to warn motorists of the hazards and take reasonable steps to bring the roads into safe operating conditions. [read post]
2 Jan 2020, 8:00 am by blackfin
These establishments also have a duty to warn about defective conditions – or to repair those unsafe and hazardous conditions within a reasonable period of time. [read post]
25 Feb 2016, 7:32 am by Allred & Allred
They also have a duty to warn of known (or reasonably knowable) side effects of a certain drug. [read post]
6 Jul 2011, 6:08 pm
Part of a doctor's duty is a duty to warn, so that the patient can make fully informed decision about a course of treatment. [read post]
31 Dec 2014, 12:01 pm by Stephen M. Fuerch
The ruling concluded that PCH was inherently dangerous, so the owner of any restaurant situated on it had no duty to warn patrons about its dangerousness. [read post]
5 Jun 2009, 2:51 am
Because of the obviousness of the risk, the manufacturer did not have a duty to warn users of the Aqua-Cycle of the risk. [read post]
25 Feb 2021, 11:40 am by Dietrich Law Firm P.C.
A property owner does not have a duty to protect or warn people about conditions that are not obvious and open and not in and of themselves dangerous. [read post]
26 Mar 2009, 2:01 am
The degree of care required is companion with the particular circumstances involved, including the age and capacity of the invitee.This duty is an active or affirmative duty. [read post]
18 May 2018, 6:55 pm by Foran & Foran, P.A.
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 Asbestos Defendants May Be Liable for Failure to Warn About Replacement Parts, Maryland Personal Injury Blog, published March 19, 2016 The post Maryland Court of Appeals Holds Pipefitter May Sue Corporation Decades After Asbestos Exposure appeared first on Maryland Personal Injury Blog. [read post]
21 Aug 2009, 7:50 am
” “[A] manufacturer has no duty to warn of defects in products supplied by others unless the manufacturer's product itself causes or creates the risk of harm. [read post]
Since the risk of harm was apparent in this case, and the defendants were the only party who could have conceivably prevented the harm, the court found that a duty to warn did arise. [read post]
15 May 2018, 6:29 pm by Foran & Foran, P.A.
 In light of this assumption, the defendant has a duty to warn invitees of known hidden dangers, a duty to inspect, and a duty to take reasonable precautions against foreseeable dangers. [read post]
7 Oct 2010, 1:33 pm
"Plaintiffs argued the Gas Company had a duty to warn them that new steel gas pipes adsorb the odorant in the natural gas and, had they known of this fact, they would not have bled the gas pipe into a confined closet. [read post]