Search for: ""duty to warn""
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31 Jul 2020, 12:44 pm
” For example, Texas courts have held that property owners owed no duty to warn about the risks of slipping on a patch of ice or sitting on a cliff’s edge. [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]
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]
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]
6 Jul 2012, 12:52 pm
Under Louisiana law, a manufacturer has a post-sale duty to warn “of a characteristic of the product that may cause damage and the danger of such characteristic. [read post]
26 Apr 2007, 10:33 am
However, to the extent that Indiana Bell learned of dangerous conditions on its poles, it had a duty to warn its invitees. [read post]
6 Mar 2025, 7:56 am
Things that are known to be involved in school bus accidents in Chicago and elsewhere in the United States include: error by the school bus driver error by another driver on the road weather conditions (especially during our winter storms) failure of the school bus failure of another motor vehicle involved in the school bus crash failures in proper upkeep of property or safety by landowners and lessors (think improper lighting of roadways, failure to remove debris or clear landscaping, etc.)… [read post]
16 Jul 2018, 3:02 am
’ [Plaintiff’s] claims are premised on a violation of an independent Tennessee duty to warn, not federal law. [read post]
3 Mar 2009, 11:16 pm
Good.Looking at congressional intent, the majority found no intent to preempt state-law duty to warn cases. [read post]
12 Oct 2012, 12:16 pm
“Product liability action” includes, but is not limited to, all actions based upon the following theories: strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent; misrepresentation, concealment, or nondisclosure, whether negligent, or innocent; or under any other substantive legal theory in tort or contract whatsoever; This act is intended to… [read post]
18 Nov 2016, 7:18 am
But the core allegation in these lawsuits is that Nexium’s manufacturer had a duty to warn the plaintiff and her doctors of the risks to let them make an informed choice. [read post]
14 Jun 2015, 9:30 pm
Disclosure requirements appear everywhere: tort law (“duty to warn”); consumer protection (“truth in lending”); bioethics and health care (“informed consent”); online contracting (“opportunity to read”); food law (“nutrition data”); campaign finance regulation; privacy protection; insurance regulation; and more. [read post]
30 Aug 2012, 6:38 am
Therefore, defendant was entitled to the statutory presumption that its heparin labeling satisfied its duty to warn. [read post]
7 Jan 2016, 11:23 am
Sharma’s duty included warning Mr. [read post]
26 Aug 2020, 5:00 am
See “NJ Appeals Court Holds No Duty to Warn About Gravity” (Aug. 18, 2006). [read post]
23 Nov 2018, 8:40 am
First, they will argue a danger was “open and obvious (thus negating duty to warn). [read post]
8 Nov 2023, 9:50 am
Property owners cannot set traps, and if it is known that there are occasional trespassers, there is a duty to warn them about known dangerous conditions. [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]
3 Jun 2025, 9:28 am
Souter warned that the decision risked silencing employees who speak out against government wrongdoing, especially where their official roles give them unique insight. [read post]
10 Nov 2015, 12:00 pm
This is the marriage between the FDA’s labeling standards and its safety obligations and the legal standard that a manufacturer has a duty to warn only of those risks of which it knew or reasonably should have known. [read post]
