Search for: ""duty to warn""
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22 Sep 2014, 9:00 am
Lord Bannatyne considered Chester v Afshar [2004] UKHL 41, which found that the causation test was influenced by the duty to warn of risk, but decided that the circumstances of Chester “are odd and the decision is very much fact specific”[11]. [read post]
4 Oct 2011, 3:35 am
One consequence a trial judge does have a duty to warn a defendant about is its effect on his immigration status if he’s not a citizen. [read post]
22 Mar 2021, 11:05 am
Treadmill companies have a duty to warn consumers about the potential harm to children and how to prevent injuries to children. [read post]
State Supreme Court Reverses Trial Court’s Denial of Summary Judgment in Single Car Crash on Highway
16 Feb 2015, 8:25 pm
The court said the problem with Jobes’s allegations against the railroad and its failings was that the duty to place warning signs and repair its railroad trestles was not the duty of the railroad, but had been relegated to MDOT pursuant to Mississippi law. [read post]
5 Mar 2012, 11:50 am
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
12 Sep 2018, 6:59 am
Their duty includes warning these individuals of known hazards or taking measures to fix or remedy the problem. [read post]
3 Jul 2012, 8:53 am
Senate Finance Committee investigation revealed that GSK knew about these adverse effects for years and failed in their duty to warn patients. [read post]
26 May 2022, 9:01 pm
These alternatives include programs that would provide cognitive behavioral therapy for at-risk young men, legislative repeals of duty-to-warn laws for mental health providers, and efforts to expand health insurance to cover mental health benefits. [read post]
11 Nov 2016, 10:49 am
In a failure to warn claim, the plaintiff argues that the manufacturer knew about the dangers posed by the product, had a duty to warn patients about those dangers, and were negligent about their duty in such a manner that the patient was hurt by the product. [read post]
27 Apr 2018, 2:57 pm
In such cases, the manufacturer still has a duty to warn end-users of the heightened and unexpected risks of injury — this can be accomplished through warning labels and the like. [read post]
10 Nov 2021, 8:42 am
Duty to Warn If we take the aforementioned example and alter it a little bit, we can see a situation where the homeowner did not act negligently. [read post]
15 Mar 2010, 3:17 pm
Her appellate work has helped shape toxic tort law in California, including the scope of the duty to warn sophisticated users of product hazards and the guidelines for admitting expert testimony at trial. [read post]
30 Jan 2020, 12:00 am
But if there is any reason that the owner cannot make the property entirely safe, they owe their guests the duty of warning them about any potential hazards. [read post]
19 Mar 2012, 1:31 am
(In Mensing, the 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]
5 May 2020, 10:54 am
However, the owner does not have a duty to warn the invitee of the hazard if the invitee knew of the condition. [read post]
3 Aug 2010, 12:00 pm
[P]ublic policy considerations weigh heavily against imposing a duty to recall on a manufacturer.Slip op. at 12 ¶22.Then there's the court's total dictum applying a "post-sale duty to warn" in drug cases. [read post]
15 Jan 2021, 4:30 pm
Court of Appeals for the District of Columbia that the U.S. intelligence community should confirm or deny the existence of documents that may provide information on its duty to warn Washington Post columnist Jamal Khashoggi of threats to his life before his murder, or provide more detailed explanations of their refusal to do so. ● Global Freedom of Expression expert Katharine Gelber debunks claims of censorship in her article “No, Twitter is not… [read post]
18 Nov 2010, 1:56 pm
Similarly, it may be argued that distributors and retailers of brass plumbing fixtures have a duty to warn customers of the well known risks posed by the use of plumbing fixtures comprised of uninhibited brass containing greater than 15% zinc. [read post]
16 Jul 2012, 1:32 pm
Nothwithstanding this argument, a plaintiff usually argues that a product failed to provide a warning (where there has been proof of duty to warn) or that the warning provided was inadequate. [read post]
2 May 2015, 5:22 am
Analysis “Generally, a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]
