Search for: ""duty to warn""
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1 Mar 2007, 5:50 am
"A patient's inability to assess and weigh the potential risks inherent in these products is precisely the reason that they are dispensed only by prescription, and that prescription medical product manufacturers have a duty to warn learned intermediaries, not the public or the patient. [read post]
9 Jan 2009, 6:00 am
Denton (2004) 120 Cal.App.4th 333 (hearty backslap to self -- my case) Baxter established, by way of declaratory relief, that DEHP wasn't a human carcinogen, so there was no duty to warn. [read post]
8 Dec 2010, 7:44 am
Meade; (3) PLIVA satisfied any alleged duty to warn by providing a package insert explaining potential side effects of metoclopramide. [read post]
27 Apr 2017, 11:28 am
The Pharmacy stated that a pharmacist has no duty to warn of potential hazards and is not liable for harm to patients from consuming drugs, provided the pharmacist accurately dispenses the medication. [read post]
29 Oct 2007, 8:35 am
Given the long-term ramifications of accusing a child of a sex offense, schools have a duty to warn students and parents about the behavior that they deem inappropriate or unlawful, rather than simply placing a scarlet letter on a kid's forehead after the action has occurred.Like millions of other parents, my husband and I are doing our best to teach our preschooler to respect others. [read post]
17 Apr 2018, 8:33 am
Imposing a duty on brand name manufacturers to generic drug consumers would result in greater financial incentive to revise their warnings to prevent failure to warn lawsuits. [read post]
16 Mar 2012, 5:00 am
” The Court stated: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]
4 Mar 2022, 5:54 am
The same reasoning applies to [defendant’s] alleged duty to warn others about the tire tread. [read post]
26 Feb 2013, 8:30 am
As Marty Schwimmer points out on his blog, this raises the interesting question of whether the defendants' counsel has a duty to warn its opponent, or whether they can let their adversary shoot themselves in the foot. [read post]
18 Dec 2009, 5:48 am
Thus, under OPLA as it currently stands, the duty to warn is now a purely statutory claim. [read post]
5 Feb 2018, 8:23 am
The other way to interpret this case is treat it like a premises liability case and defendant would argue they had no duty to warn of a known danger. [read post]
15 Jul 2020, 6:23 pm
However, the condo owner would not be liable for the hosts’ portion because they owed a separate duty to warn plaintiff of the possible danger. [read post]
2 Dec 2017, 5:21 am
At common law, a landowner had a duty to warn of a known hidden danger. [read post]
15 Oct 2018, 11:17 am
Accordingly, as we have been saying, the drug company has a duty to warn of this problem. [read post]
30 Apr 2019, 7:39 am
Herrick also claimed that Grindr had a duty to warn him and other users that it could not protect them from harassment stemming from impersonators. [read post]
14 Jun 2010, 4:46 am
But there was no legal duty to warn. [read post]
4 Aug 2010, 3:01 pm
The deficiency in question was not readily identifiable, and hence, under the principle of protection of legitimate expectations, the EPO had no duty to warn the appellant. [read post]
9 Jan 2012, 6:24 pm
According to the Plaintiffs, both Pfizer and Mylan had a duty to warn the decedent, his physician, and the public of the health risks associated with their drug products, among myriad other claims in the Complaint. [read post]
23 Jan 2025, 5:58 pm
Consider: Two Guests From the Carnival Elation Report Being Drugged and Raped During Excursion in the Bahamas, cruise lines have an absolute duty to warn its passengers of crime dangers not only on its ships but in the ports of call where they visit. [read post]
4 Jun 2011, 10:00 pm
Cruise lines have a legal duty to warn their passengers of dangers in the ports of call which they select. [read post]
