Search for: ""duty to warn""
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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]
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]
20 Jul 2010, 4:30 am
Id. at *2-3.Under Georgia law, there are two theories that a plaintiff can pursue to establish a breach of the duty to warn: first, by failing to adequately communicate the warning and second, by failing to provide and adequate warning of the potential risks associated with the product. [read post]
26 Jan 2020, 2:30 am
The amendments also revise the definition of the “actual knowledge” that creates a duty to warn for retailers in certain circumstances under the warning regulations. [read post]
5 Jan 2009, 7:47 pm
Twombly requires the factual basis of a violation claim to be pleaded.(3) Warning claims, including post-sale duty to warn allegations, are preempted. [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 Aug 2022, 8:00 am
Related blog posts: Illinois Appellate Court Finds That Physician and Pharmacy Have No Duty to Warn of Medical Risks Associated With Long-Term Use of Reglan State Supreme Court Affirms Dismissal of Lawsuit Against Bayer Corp. for Lack of Personal Jurisdiction U.S. [read post]
3 Mar 2010, 7:47 am
When market developments in the second half of 2007 exponentially increased the risk of auction rate securities, broker-dealers and investment advisers had a duty to warn their clients of those increased risks. [read post]
26 Sep 2014, 12:20 pm
See Monica Williams Monroe “Is There a Duty to Warn Even the Most Sophisticated User? [read post]
2 Sep 2016, 10:01 am
Many experts still think that it’s almost impossible for plaintiffs to prove that websites owe a special duty to their users, in which case failure-to-warn claims will fail on prima facie elements. [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]
25 Nov 2018, 8:39 am
Premises owners and occupiers have a duty to warn of or correct known dangerous condition on the premises – and to regularly inspect the premises for any unknown dangerous conditions. [read post]
11 Aug 2016, 12:24 pm
Turning to the property owner’s duty to warn of potential hazards, the court also rejected Ms. [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]
20 Jun 2011, 11:42 am
Further, plaintiffs argue that the stadium had a duty to warn those sitting in the luxury box area of the dangerous conditions associated with the barrier- specifically that it carried a strong likelihood of potential injury for any spectator who falls over the edge. [read post]
9 Dec 2016, 8:15 am
” The school board moved to dismiss the complaints against it and the driver, asserting both were protected from tort liability by sovereign immunity because the district didn’t owe a duty of care to plaintiff at the time of the crash, nor the duty to warn her about the danger of the road. [read post]
24 Feb 2009, 1:45 pm
Nor is there a duty to warn of obvious consequences of foolish behavior. [read post]
19 Mar 2019, 2:37 pm
As he explains, few quarrel with the rule of the “Restatement of Torts” that a manufacturer has a duty to warn if it “‘knows or has reason to know’ that the product ‘is or is likely to be dangerous for the use for which it is supplied. [read post]
3 Oct 2016, 7:45 am
However, a landowner has no duty to warn or to protect invitees from dangers that are open and obvious. [read post]
15 Dec 2015, 1:28 pm
The County did not have a duty to warn of the risk of falling on debris if a tree rope swing breaks. [read post]
