Search for: ""duty to warn""
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18 Apr 2008, 6:30 pm
The manufacturer moved for summary judgment, arguing that under the sophisticated user doctrine, it had no duty to warn because the risk was within the professional knowledge of HVAC installers and repairers. [read post]
9 Apr 2008, 5:49 am
If a physician should have known of a risk associated with a drug, the manufacturer should have no duty to warn. [read post]
3 Apr 2008, 7:27 am
One aspect of the rule that we've touched on, but haven't really explored in depth is the effect of the rule on causation in duty to warn claims.Concerning causation, the first thing anybody has to understand about failure to warn claims is that there's two types of causation: The first is whether the drug (or any product, for that matter) caused the plaintiff to suffer the injury that s/he claims. [read post]
2 Apr 2008, 3:55 am
App.3d 862, 866 (1982) (no duty to warn that gasoline is volatile). [read post]
28 Mar 2008, 2:51 pm
Under the appellees’ reasoning, doctors would be immunized from a recent failure to warn a patient just because they first breached their duty to warn more than five years ago. [read post]
6 Mar 2008, 3:48 am
Manufacturers of prescription pharmaceutical products shall not be relieved of a duty to warn consumers of the risks and side effects solely because the product was prescribed to a patient by a physician.That's it. [read post]
5 Mar 2008, 3:01 am
(A manufacturer would likewise assert that instructions and warnings such as those described above are more than adequate to defeat a claim of strict liability under the circumstances presented in the facts of Bai's case, for example.) [read post]
26 Feb 2008, 8:21 am
Unlike the FDA's proposed rule, Congress intended the duty to warn customers of a drug's hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. [read post]
25 Feb 2008, 9:14 am
Unlike the FDA's proposed rule, Congress intended the duty to warn customers of a drug's hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. [read post]
18 Jan 2008, 10:11 am
The Vermont Supreme Court ruled that federal regulation on drug safety only provides a floor on labeling requirements so states are free to impose more restrictive labeling under their own duty-to-warn tort laws. [read post]
4 Dec 2007, 4:19 am
The class action alleged that defendants owed a duty to warn consumers of this possible risk and “should have put warnings on the labels, informing consumers that some individuals might be intolerant of milk. [read post]
27 Nov 2007, 10:21 pm
With regard to criminal or threatened criminal activity, the board may have a duty to warn about the dangers, provide more lighting, provide more security, take steps to make things safer, etc. [read post]
20 Nov 2007, 5:00 am
A property owner owes an invitee the duty of discovering a dangerous condition, whereas he owes a licensee only the duty to warn him of a dangerous condition he already is aware of. [read post]
20 Nov 2007, 5:00 am
A property owner owes an invitee the duty of discovering a dangerous condition, whereas he owes a licensee only the duty to warn him of a dangerous condition he already is aware of. [read post]
16 Nov 2007, 9:17 am
However, it (the Board) does have some duty to warn, and I believe arranging for a town hall meeting for the purpose of discussing the issue and allowing the neighborhood watch to operate and allowing the placement of signs helps meet that burden. [read post]
12 Nov 2007, 9:26 am
Kathryn Spier (Harvard) has posted to SSRN a new paper, "Product Safety, Buybacks and the Post-Sale Duty to Warn. [read post]
9 Nov 2007, 10:39 am
A police officer who was off-duty reportedly, warned Cobb County officials about a suspected drunk driver who they say has had several drunk driving violations in the past. [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]
26 Oct 2007, 11:35 am
You still didn't warn about the risk of stroke. [read post]
17 Oct 2007, 8:08 am
"Please know folks - that while pharmacists have a duty to warn of known interactions, and to counsel you on the medications, in today's fast pace world - there is rarely ANY counseling. [read post]
