Search for: ""duty to warn""
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28 Aug 2009, 9:55 pm
Board members do have a duty to warn of or take steps to mitigate or eliminate any known dangers to the residents. [read post]
9 Sep 2014, 6:14 am
The lesson from this case is that business owners have a duty to warn trespassers once they are aware of their presence on the property. [read post]
11 Jul 2018, 7:09 am
The circuit court granted summary judgment to the defendant, holding that the defendant had no duty to warn the plaintiff of the allegedly dangerous condition that the plaintiff himself had created and controlled. [read post]
22 Jul 2011, 8:31 am
We’re only doing removal today, but anyone substantively interested in this sort of theory should read our “Holding the Line on Duty to Warn” post, describing its rejection by Maryland’s highest court.At this point, removal would still have been tough, particularly since third-party defendants are not generally allowed to remove cases where there’s no diversity between the original parties. [read post]
16 May 2013, 6:05 pm
Having established that the existence of an open and obvious danger will not necessarily relieve a landowner of all duties to lawful entrants with regard to that danger, we set out to answer the following principal question: where the duty to warn has been negated, in what circumstances will the duty to remedy nevertheless exist–or, in other words, in what circumstances “can and should a landowner anticipate that the dangerous condition will… [read post]
27 Jun 2012, 4:30 am
The court also held that, even if the employee had been warned, the company had a duty to enforce its policy against using gas around open flames. [read post]
6 Aug 2012, 2:41 pm
Many may not be aware that therapists actually owe a duty to warn others when they are aware or have reasonable suspicion that their patient may harm another person. [read post]
19 Apr 2012, 7:08 pm
In Mensing, the Supreme Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [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]
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]
13 Jun 2008, 4:43 pm
By a 5-3 vote (Justice O’Neill did not sit), the Court held that the landowner had no duty to warn that employee of the danger from not having handrails on a ramp. [read post]
29 Feb 2012, 12:11 pm
This duty to warn and the accompanying threat of liability will inevitably influence a manufacturer's choice whether to use that particular design. [read post]
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]
30 Sep 2021, 2:50 pm
Importantly, manufacturers may have a duty to warn the public even after selling the product. [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]
1 Nov 2011, 4:35 am
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]
10 Apr 2012, 10:02 am
Thus the question became whether the previous New York state law applied to the defendant's duty to warn or the federal law created later. [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]
7 Mar 2025, 5:01 am
Specifically, the church contended that it only had a duty to warn Kirsch of hidden dangers it knew about and to refrain from intentional harm—duties it claimed it had not breached. [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]
