Search for: ""duty to warn""
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28 Aug 2016, 1:07 pm
According to the court, the embankment complained of by the plaintiff was an open and obvious condition of which the restaurant owner owed no duty to warn the plaintiff, even though this allegedly resulted in the plaintiff being unable to exit the drive-through lane to get to safety during the attack. [read post]
15 Jul 2015, 9:32 am
The festival argued, alternatively, that even if it had control, summary judgment was nonetheless proper because the exposed pipe was an open and obvious hazard, and thus there was no duty to warn the plaintiff of its presence. [read post]
26 Dec 2013, 6:22 am
The appeals court agreed that the warnings were sufficient and thus the plaintiffs had failed to establish that SPX breached its duty to warn, but it decided differently on the claim of unreasonably dangerous product. [read post]
12 May 2015, 7:52 am
The court stated the company had no duty to warn the man about a danger it did not create and had no actual or constructive notice of. [read post]
17 May 2016, 9:42 am
She sued for premises liability, alleging the defendants had violated their duty to warn her of a dangerous situation on their property — specifically, black ice. [read post]
24 Feb 2009, 1:45 pm
Nor is there a duty to warn of obvious consequences of foolish behavior. [read post]
27 Jan 2011, 8:24 am
Rather, the Court held that, having controlled the defense, Admiral had a duty to warn its insured when that control created a conflict of interest. [read post]
9 Apr 2012, 8:33 am
In order to prevent New York personal injuries, states and cities have a duty to keep the roads safe and to warn the public of dangers on their roads. [read post]
4 Feb 2020, 7:12 am
The duty includes the specific responsibility of either removing, or warning the independent contractor of, any hidden or latent dangers on the property. [read post]
13 Dec 2011, 1:09 pm
” Joseph argued that he had no duty to warn Mr. [read post]
31 Dec 2018, 8:23 am
The first question that needs to be answered is did the owner of the business or property where you were injured have a duty to warn you about any potential dangers on the property? [read post]
15 May 2017, 3:00 am
Further, that Vita Food owed no duty to warn, that proximate cause could not be proven by Ovando and the acts of Ovando were contributorily negligent at more than 50% of the total proximate cause of his injuries. [read post]
7 Apr 2009, 7:59 am
They filed tortious interference suits -- which have become known as "direct action" claims -- asserting that insurers had an independent duty to warn potential victims of the dangers of asbestos. [read post]
28 Apr 2021, 5:06 pm
Failure to Warn In failure to warn claims, the manufacturer had a duty to warn consumers of dangers inherent in using the product but failed to do so. [read post]
31 Aug 2022, 10:29 am
The duty of care also includes the duty to warn patients about potential risks associated with a procedure or medicine and the duty to supervise other personnel to whom they delegate certain aspects of a patient’s care. [read post]
29 Sep 2011, 7:25 pm
Finally, on the post-sale duty to warn count, it found that evidence for it was not truly submitted at trial. [read post]
17 Aug 2012, 6:15 am
Under the laws of most states, Breg was under a legal duty to warn physicians and their patients of all risks associated with its pumps about which it knew or should have known. [read post]
20 Aug 2008, 1:41 pm
Plaintiffs argued that this meant the defendants could have complied with both the federal regulations and the state duty to warn, and thus no conflict existed. [read post]
2 Jun 2017, 8:05 am
The trucking company also argued the trial court erred in finding the defendant driver owed a duty to warn other motorists not only of his stopped truck but also of the deer, that the plaintiff failed to prove the negligence of the driver was the cause of her injuries, and that the jurors’ award of damages wasn’t supported by evidence presented at trial. [read post]
4 May 2010, 4:21 am
Stodolka also complained that the school district failed to warn him that it might file disciplinary charges against him.The Appellate Division, citing Leotta v Hasl, 134 AD2d 429, pointed out that the school district “did not have a duty to warn [Stodolka] that his conduct was improper prior to bringing a proceeding against him" and, in any event, Stodolka was repeatedly warned via his annual performance evaluations that he was required to arrive to… [read post]
