Search for: ""duty to warn""
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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]
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]
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]
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]
20 May 2020, 6:47 am
“Unless the defendant has actual or constructive notice of a dangerous condition on its premises, it does not owe a duty to warn of or remove the dangerous condition. [read post]
29 Nov 2019, 8:40 pm
Cruise lines also have a legal duty to warn passengers of dangers in foreign ports of call. [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]
10 Jan 2017, 7:08 am
As such, the bank had a duty to warn him—or to stop the fraud. [read post]
3 Sep 2010, 12:35 pm
The last point in the quote, is a holding that pharmacists have no duties to warn patients under Arkansas' learned intermediary rule. [read post]
26 Aug 2015, 7:38 am
But on appeal, defense argues it had no duty to warn or protect. [read post]
3 Aug 2011, 4:30 am
The question is what is TASER’s duty to warn? [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]
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]
10 Nov 2011, 11:04 am
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]
10 Sep 2021, 11:49 am
Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency has consistently concluded that glyphosate, Roundup’s active ingredient, does not cause cancer. [read post]
25 Jul 2019, 5:46 pm
Employers also have a duty to warn about latent defects of which it is or should be aware in tools it supplies. [read post]
5 Jul 2012, 5:00 am
to warn its plan doctors about. [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]
23 Aug 2017, 6:43 pm
H.R. argued that it was this broader knowledge that created a duty to warn H.R. about the risk from the ice, or to prevent the ice from beginning to melt in the first place. [read post]
