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29 Nov 2011, 8:02 pm
" Owners owe the highest duty of care to invitees: a duty to warn about hazards on the land that the owner knows about or should know about. [read post]
29 Nov 2011, 1:52 pm by Bexis
  Accordingly, Nevada pharmacists have no duty to warn their customers of the generalized risks inherent in the prescriptions they fill.2011 WL 5878054, at *3 (footnotes to out-of-state learned intermediary cases omitted).All is not sweetness and light, however, in Klasch - at least not for pharmacies. [read post]
29 Nov 2011, 8:04 am
The law requires that drug manufacturers exercise due care, which includes a duty to warn of the dangers of its drug products. [read post]
21 Nov 2011, 5:23 am
Second, a property owner has a duty to warn trespassers of known dangers that are not open or obvious. [read post]
16 Nov 2011, 7:49 am
This limitation of duty does not apply to the governmental unit's duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices. [read post]
15 Nov 2011, 12:06 pm by Brian Thompson
 The court held that California law did not recognize a duty to warn of defects in another manufacturer's product. [read post]
14 Nov 2011, 4:18 am by Steve McConnell
But we gather that the plaintiff alleged failure to warn under the Connecticut Product Liability Act. [read post]
13 Nov 2011, 12:29 pm by Schachtman
  The standard implements this duty to warn downstream employers’ employees by requiring that containers of hazardous chemicals leaving the workplace are labeled with “appropriate hazard warnings. [read post]
11 Nov 2011, 7:34 am by Ryan McCabe
Williams was a licensee and alligators are indigenous in coastal waters, the association had no duty to take action or to warn her of the patent danger. [read post]
10 Nov 2011, 11:04 am by Elie Mystal
Did Paterno have a special duty to warn or protect these minors, especially after he became aware that there are allegations against Sandusky? [read post]
8 Nov 2011, 6:39 pm by Sean Wajert
Regarding the failure to warn theory, a plaintiff must establish the existence of a duty. [read post]
5 Nov 2011, 3:30 am by Seth Leventhal
 Sure enough, under the facts of the Domagala case, there is “no duty to warn” but there is … Continue reading ? [read post]
1 Nov 2011, 10:29 pm by WOLFGANG DEMINO
    If a claim arises from a special defect, the governmental unit owes the same duty to warn that a private landowner owes an invitee. [read post]
1 Nov 2011, 4:35 am by Cal Warriner
The court ruled that despite actual knowledge that consumers taking generic Reglan were at high risk of developing this disorder, the company had no duty to warn consumers of this fact. [read post]
30 Oct 2011, 5:43 pm by WOLFGANG DEMINO
An employer therefore does not owe a duty “to warn of hazards that are commonly known or already appreciated by the employee. [read post]
28 Oct 2011, 7:00 am by Bexis
 After all, there’s a causation element to every warning claim – the defect (whatever’s allegedly wrong with the warning) has to cause the injury. [read post]
20 Oct 2011, 1:01 pm by Bexis
  Why should doctors have to go beyond their well-established duties of discussing medical risks and benefits (such as that “experimental” off-label use isn’t backed by any medical evidence that it will be safe or effective) and discuss FDA regulatory status as well? [read post]
15 Oct 2011, 4:09 pm
The immigration consequences warning requirement was announced by the United States Supreme Court in Padilla v. [read post]
12 Oct 2011, 5:43 pm
With your physician, you would argue that he or she had a duty to warn you about the health effects of Celexa, but failed to do so, even though your physician knew or should have known about the risks. [read post]