Search for: ""duty to warn""
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10 Jul 2015, 5:47 am
” The Court also briefly addressed defendant’s assertion that it had no duty to warn plaintiff because the danger was open and obvious. [read post]
26 Jan 2007, 6:52 am
In the case of the brand name company, since its product was not the one ingested, it had no affirmative duty to warn, and so it is being sued for its intentional or negligent misrepresentation in what it actually said in the PDR. [read post]
1 Jun 2023, 10:56 am
And, I'll argue, that is especially so when the duty is a duty to warn, which may intrude on the victims' privacy and lead people to shun them. [read post]
30 Apr 2018, 10:08 am
The appellate court resolved these issues in the plaintiffs’ favor, but it resolved the issue of punitive damages and a duty to warn after the sale against them. [read post]
13 Dec 2011, 6:20 am
When at sea, cruise lines have the duty to warn its passengers from bad weather as soon as the dangers become known. [read post]
5 Jul 2012, 5:00 am
to warn its plan doctors about. [read post]
7 Mar 2017, 6:52 am
Contractor had no duty to warn, the court ruled, because the government knew at that time about the hazards of asbestos use. [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]
9 Mar 2012, 4:22 am
Municipalities have a statutory duty to maintain their roads in a proper state of repair (see, for example, s. 44 of Ontario’s Municipal Act), and a common law duty to warn the road users of hazards. [read post]
16 Feb 2015, 8:27 am
The court stated summary judgment was not appropriate because a question of fact existed regarding whether the liability insurer timely fulfilled its duty to warn the at-fault driver about settlement opportunities that may have reduced his financial exposure. [read post]
21 Jun 2016, 8:31 am
Laurie Sherwood of Walsworth WFMB, LLP noted some issues Disney may face, including Disney’s duty to warn guests about the alligators, Disney’s previous knowledge and the subsequent steps it took, as well as the probability that such an event would occur. [read post]
27 Dec 2024, 8:46 am
However, the court allowed the plaintiff’s design defect and failure-to-warn claims to proceed to trial, noting that questions of fact remained regarding the absence of a rear guard and whether the defendant had a duty to warn users of associated risks. [read post]
9 Aug 2012, 3:09 pm
According to the majority, plaintiffs nowhere alleged any affirmative duty to warn Urbana of the teacher’s conduct. [read post]
6 Nov 2017, 9:31 pm
Cruise lines have a duty to warn their passengers of any dangers that may be present, including the potential presence of any diseases that may be transmitted to passengers. [read post]
9 Nov 2009, 5:00 am
Those courts have correctly held that brand name manufacturers do not have a legal duty to warn about the risks associated with their competitors' generic drugs. [read post]
17 Jul 2015, 12:50 pm
Essentially this innovator liability claim is based on the contention that the brand-name drug manufacturer, e.g., GSK, had a duty to warn all users of the generic drug, e.g., Ondansetron, based on federal requirements that all generic labels must be identical to the brand-name drug label. [read post]
29 Feb 2016, 6:15 am
” At the close of the proof, the trial court granted defendants’ motion for a directed verdict, finding that “it was not reasonably foreseeable that plaintiff would trip over the step, that the step was open and obvious, and that defendants did not owe plaintiff a duty to warn her of the condition of the step. [read post]
4 Mar 2009, 7:04 am
The Supreme Court, voting 6-3, ruled on Wednesday that federal approval of labels giving warnings about effects of drugs does not bar lawsuits under state law claiming inadequate warnings of a health risk. [read post]
13 Jul 2011, 8:55 am
Doctors have a duty to warn patients of known risks of a procedure or course of treatment. [read post]
3 Oct 2018, 8:58 am
For their part, the sailors present a similarly straightforward argument: manufacturers have a duty to warn users of the known hazards arising from the expected and intended use of their products. [read post]
