Search for: ""duty to warn""
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28 Feb 2012, 7:50 am
This duty also includes an ancillary duty to warn invitees of any dangerous conditions not readily apparent which the owner knew, or should have known, and a concomitant duty to conduct reasonable inspections to discover dangerous conditions existing on the premises. [read post]
15 May 2017, 3:00 am
Further, that Vita Food owed no duty to warn, that proximate cause could not be proven by Ovando and the acts of Ovando were contributorily negligent at more than 50% of the total proximate cause of his injuries. [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]
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]
31 Aug 2022, 10:29 am
The duty of care also includes the duty to warn patients about potential risks associated with a procedure or medicine and the duty to supervise other personnel to whom they delegate certain aspects of a patient’s care. [read post]
29 Jun 2011, 4:50 pm
"We have never held that a contractor may owe a duty to warn a premises owner of a danger on the premises owner's own property," she wrote. [read post]
30 May 2011, 7:34 am
First, the Court concluded that Rhode Island would apply the learned intermediary doctrine and held that Novartis had no duty to warn Mr. [read post]
4 Feb 2020, 7:12 am
The duty includes the specific responsibility of either removing, or warning the independent contractor of, any hidden or latent dangers on the property. [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]
16 Jul 2011, 6:17 am
This duty includes an obligation to inspect rail yards, train cars and locomotives for potential sources of asbestos, diesel fumes and radiation, as well as a duty to warn employees about the presence of health risks. [read post]
3 Feb 2016, 7:02 pm
Cruise lines also have the duty to warn passengers about any dangers they might face offshore. [read post]
14 Jul 2024, 11:48 am
Baltimore also alleged that the defendants “owed a duty to Baltimore and its residents to warn Baltimore and residents of the dangers of using Defendants’ fossil fuels” both for strict liability failure to warn and negligent failure to warn, but the Court rejected out of hand the foreseeable risk concept and then takes a shot when Judge Brown observes, “In this case, the duty to warn would be extended to every single human… [read post]
4 Jan 2013, 12:53 pm
[I]n the context of a negligence duty to warn claim, plaintiffs must further establish proximate causation by showing that had defendant issued a proper warning to the learned intermediary, he would have altered his behavior and the injury would have been avoided.2012 WL 6681895, at *13-14 (citations and quotation marks omitted). [read post]
24 Aug 2015, 5:00 am
What’s left doesn’t strike us as a very good warnings case. [read post]
27 Feb 2014, 6:00 am
Without attempting a discourse on Florida warnings law, it is fair to say that prescription drug warnings are adequate or inadequate based on whether they convey the particular risk to physicians consistent with the actual scientific evidence. [read post]
23 Jan 2014, 6:53 am
Thus, we have footnote 6, reaffirming the learned intermediary rule: “Per the learned intermediary doctrine, the manufacturer’s duty to warn is directed to physicians. [read post]
1 Mar 2013, 2:30 pm
“Pennsylvania is where [drug] was manufactured, where the decisions surrounding the language of warnings on the label were made, where the research on the product was conducted, and where the principal personnel [listing 11 individuals]involved either resided or worked. [read post]
18 Mar 2016, 2:04 pm
Thus, the defendant had a duty to strengthen the drug’s warnings in 2001, and if it had done so, it would have prevented their injuries, which were diagnosed in 2012. [read post]
25 Mar 2016, 1:00 pm
Finally, the court held that the defendant had no duty to warn the decedent’s physicians about the non-prescription Motrin the decedent ingested. [read post]
5 Jun 2015, 1:29 pm
Moreover, “even if Plaintiff had presented evidence tying the brochure to Defendant’s duty to warn and to show that [the decedent] had read the brochure, . . . [read post]
