Search for: ""duty to warn""
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7 May 2010, 8:42 am
The plaintiff sued for premises liability, alleging that the defendant had either a duty to warn of the tree, or a duty to remove the tree. [read post]
5 May 2010, 5:24 am
In such cases, the manufacturer and supplier has a duty to warn the user. [read post]
4 May 2010, 8:36 am
App. 4th 1578, 1590-1591 [where danger was obvious, no duty to warn or to make property safe]; Haberlin v. [read post]
4 May 2010, 4:21 am
Stodolka also complained that the school district failed to warn him that it might file disciplinary charges against him.The Appellate Division, citing Leotta v Hasl, 134 AD2d 429, pointed out that the school district “did not have a duty to warn [Stodolka] that his conduct was improper prior to bringing a proceeding against him" and, in any event, Stodolka was repeatedly warned via his annual performance evaluations that he was required to arrive to… [read post]
1 May 2010, 8:33 am
The duty to warn does not extend to conditions which are open and obvious. [read post]
29 Apr 2010, 6:08 am
The video game industry is fulfilling their duty by warning parents about potential content issues; it’s up to parents, not the government, to decide whether they want their children to play these games.For the full article, click here. [read post]
28 Apr 2010, 2:24 pm
Even if he doesn’t have actual knowledge of the risk, he has the same duty to warn if he should have known about it. [read post]
27 Apr 2010, 10:40 am
Still, Bayer is not putting a warning on Yaz/Yasmin that is going to clear its duty-to-warn obligation in future blood clots cases (and, again, this warning has no impact on the Yaz gallbladder cases). [read post]
27 Apr 2010, 10:40 am
Still, Bayer is not putting a warning on Yaz/Yasmin that is going to clear its duty-to-warn obligation in future blood clots cases (and, again, this warning has no impact on the Yaz gallbladder cases). [read post]
26 Apr 2010, 5:15 am
Under Indiana law, there is no duty to warn the ultimate user if the product is sold to a “sophisticated intermediary” whom the manufacturer adequately warned. [read post]
12 Apr 2010, 4:45 pm
To find that she has a duty to warn others of her victimhood is to doubly victimize her. [read post]
9 Apr 2010, 6:10 am
If a drug maker fails to perform this basic duty, it can be held legally responsible for the harm it caused and required to pay all of the costs and damages of its victims. [read post]
7 Apr 2010, 10:22 am
“We’re not asking for a duty to evict or not to rent, just a duty to warn cotenants. [read post]
6 Apr 2010, 9:26 am
Ameritech, the Michigan Supreme Court held that not only did the owner not have a duty to warn of an “open and obvious hazard,” but an owner also has no duty to repair a hazard either. [read post]
1 Apr 2010, 1:42 pm
So the plaintiff claimed (and the district court allowed it) that the vaccine should have given better warnings regarding viral encephalitis – a condition the plaintiff did not have, and could not tie to what he did have:There was, therefore, no reason for the defendant to make the references deemed important or vital by the district court, and there was no duty on the part of the defendant to warn about any of these conditions. [read post]
31 Mar 2010, 3:22 pm
The question before the Court was whether MCL § 330.1946 completely abrogated the common-law duty of a mental-health professional to warn or protect others, including patients. [read post]
24 Mar 2010, 5:54 am
Id.I will continue to post on when the duty to warn arises as I continue to research warnings law. [read post]
22 Mar 2010, 4:30 am
In this comforting setting, the law created an exception to the traditional duty of manufacturers to warn consumers directly of risks associated with the product as long as they warned health-care providers of those risks.For good or ill, that has all changed. [read post]
17 Mar 2010, 3:53 am
According to the doctrine, the manufacturer of a prescription drug does not have a duty to warn the patient of the dangers involved with the product, but instead has a duty to warn the patient's doctor, who acts as a learned intermediary between the patient and the manufacturer. [read post]
15 Mar 2010, 6:03 pm
She asserted personal injury claims under the Louisiana Products Liability Act for, among other things, failure to warn of the risks of the drug's long-term use.The Fifth Circuit rejected the argument that compliance with state duties to warn would burden generic manufacturers with duplicative drug trials, noting that clinical studies are not prerequisites to labeling changes and reports of adverse drug reactions can substantiate the need for a heightened… [read post]
