Search for: ""duty to warn""
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17 Apr 2012, 10:02 am
In this case, the duty of manufacturers under federal law to report to the FDA information regarding their devices is not tied directly to the duty of manufacturers under state law to warn consumers of a device’s dangerous condition. [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
1 Aug 2023, 6:29 am
Traffic Control Devices and Speed Breakers The parents argued that the trial court erred in dismissing their negligent design claim to the extent it was based on the DOT’s breach of its duty to warn motorists through the installation of “appropriate signage, speed breakers, warning devices, including flashing caution lights or other warning signage. [read post]
30 Sep 2010, 11:35 am
The trial court concluded that defendants did not have a duty to warn plaintiff of this danger. [read post]
21 May 2024, 6:18 am
It is imperative that those with a duty of safety and care create effective warning labels for each of their products. [read post]
23 Sep 2019, 7:18 am
Giant Eagle’s Propositions of Law Accepted for Review Proposition One For stores that provide motorized carts to disabled shoppers, the Eighth District created entirely new tort duties owed by them—a duty to warn the user about the obvious danger of a pedestrian-cart collision, a duty to train disabled customers how to operate a simple motorized car, and a duty to interrogate customers to determine whether their disability disqualifies them… [read post]
8 Jun 2010, 1:34 pm
The engineering firm thus could not be held responsible for negligently failing to warn plaintiffs (that is, people it didn’t contract with) about harmful beryllium exposures unless the firm actually had undertaken the duty to warn plaintiffs. [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
30 Jul 2023, 1:27 pm
The complaint sets out claims for alleged violations of the Electronic Communications Privacy Act; the Computer Fraud and Abuse Act; California’s Invasion of Privacy Act and unfair competition law; Illinois’s Biometric Information Privacy Act, Consumer Fraud and Deceptive Business Practices Act, and Consumer Fraud and Deceptive Business Practices Act; New York General Business Law § 349 (deceptive trade practices); and negligence, invasion of privacy, conversion, unjust enrichment,… [read post]
17 Oct 2013, 5:00 am
Thus, even assuming arguendo that [defendant] had a duty to strengthen the . [read post]
18 Jul 2014, 11:55 am
But since both of the family cars had identical government-mandated (allegedly) inadequate warnings about not putting an infant car seat next to an airbag, who gets sued, Minigas – even though it’s car had nothing to do with the accident.Farfetched? [read post]
2 Jun 2011, 12:46 pm
Merrell Co., 174 So.2d 736, 738-39 (Fla. 1965), the Florida Supreme Court exempted pharmacists from duty to warn liability, but without specifically mentioning the rule. [read post]
13 Jan 2024, 2:03 pm
Pix Credit here South Africa's Justice Minister, Ronald Lamola, said Israel “dismally failed to disprove” it has violated the 1948 Genocide Convention during its carpet bombing campaign of the Gaza Strip. [read post]
24 Dec 2014, 5:00 am
We’re doing our duty. [read post]
4 Jun 2015, 5:56 am
”Second, “the claims in Buckman, which were directed at a defendant that was not the manufacturer of the devices and therefore did not have a manufacturer’s duty to warn purchasers of safety risks, did not “rely[] on traditional state tort law. [read post]
5 Apr 2013, 1:01 pm
Jan. 11, 2012) (rejecting duty to test under NC law) − and actually beyond anything recognized in Minnesota, where testing is not an independent claim, but merely an element of a strict liability (which North Carolina bans by statute) duty to warn. [read post]
15 Dec 2014, 6:28 am
In other words, although a defendant generally does not have a duty `to warn or protect others from harm caused by a third party's conduct,’ H.B. ex rel. [read post]
20 Jun 2014, 5:18 am
(4/7/11) and (7/18/13)Punitive Damages – Compliance as a defense (3/8/07) and (11/5/09)Punitive Damages – No constitutional right to obtain (4/30/12)Punitive Damages – Territoriality (12/29/06)Punitive Damages – Warnings as a defense (2/24/12)Recalls – Duty to recall, subsequent remedial measures and other recall-related issues (9/24 [read post]
30 Jul 2013, 2:01 pm
Ct. at 2477.Equally surprising is the Superior Court’s footnote reaching out (a la Lance with post-sale duty to warn) with dictum on an issue not even before it – “It is undisputed that FDA approval of a name-brand drug . [read post]
12 Sep 2014, 1:41 pm
Then, the analysis should go on to whether the defendant can comply with the state law duty while simultaneously complying with its federal duties. [read post]
