Search for: ""duty to warn""
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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]
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]
10 Jan 2014, 2:18 pm
Specifically, we concluded that the trial court was under no duty to warn the defendant of the possibility of deportation before accepting his guilty plea3 because "deportation was a collateral consequence of conviction peculiar to the individual's personal circumstances and one not within the control of the court system". [read post]
9 Jul 2018, 10:15 am
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]
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]
29 Dec 2020, 5:57 am
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]
18 Jun 2018, 5:14 am
If there is an obvious hole, the landowner has no duty to warn the guest, because a reasonable person should have seen the hole. [read post]
21 Jan 2020, 6:28 pm
In Maryland, businesses such as the defendant have a duty to warn customers of known hidden dangers, a duty to inspect the premises for dangers, and a duty to take reasonable precautions against foreseeable dangers. [read post]
13 Oct 2016, 1:17 pm
By law, a manufacturer of a product with known dangers has a duty to warn consumers who will foreseeably come in contact with the product and be subjected to those dangers. [read post]
17 Apr 2019, 6:09 am
(finding no duty to warn of the inherent dangers of motorized carts.) [read post]
12 May 2010, 4:30 am
In this case, there can be no successful claim that Genie breached any duty to warn, either pre-sale or post-sale. [read post]
16 Aug 2017, 7:14 am
Even if NuCraft did have a duty to warn, the appeals court reasoned, there was no question of fact regarding whether NuCraft met this burden. [read post]
7 Aug 2008, 12:56 am
It is unclear how that translates into a duty to warn her of anything. [read post]
6 May 2011, 12:11 pm
Penny Pinchers had a duty to warn Outlaw of any dangerous conditions of which it knew or should have known. [read post]
9 Apr 2008, 5:49 am
If a physician should have known of a risk associated with a drug, the manufacturer should have no duty to warn. [read post]
26 Jun 2023, 9:00 am
These requirements generally include: Duty to Warn: The plaintiff must demonstrate that the defendant (manufacturer or seller) had a duty to provide warnings about the product’s potential dangers. [read post]
28 Mar 2008, 2:51 pm
Under the appellees’ reasoning, doctors would be immunized from a recent failure to warn a patient just because they first breached their duty to warn more than five years ago. [read post]
11 Aug 2020, 2:48 am
By contrast, we dilute the incentive of a manufacturer to warn about the dangers of its products when we require other people to share the duty to warn and its corresponding costs. [read post]
5 Jul 2018, 9:26 am
Plaintiffs asserted that Amazon had a duty to warn consumers, and its “non-alarmist” email downplaying the safety concerns breached this duty. [read post]
31 Jan 2022, 5:01 am
Duties to Warn of Danger Courts could likewise demand that people who have been threatened by criminals issue a warning to neighbors, visitors, and others, as a special kind of precaution: Danielle as been threatened with a crime by Craig if she does something (continues seeing a new lover, sells blasphemous books, performs abortion). [read post]