Search for: ""duty to warn""
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9 Jul 2010, 3:00 am
Limited visibility in a high traffic area — like the section of the Delaware River adjacent to Penn's Landing — would, naturally, heighten the duty of the tugboat pilot to pay attention to radio communications and to limit, if at all possible, drifting or turning rightward, since the pilot would not be able to see any dangers in the water there. [read post]
3 Jul 2012, 4:26 am
Likewise, it is alleged that the manufacturers of Mirena had a duty to warn consumers and the medical community of the dangers associated with Mirena and by negligently and/or wantonly failing to adequately warn of these dangers breached their duty of care owed to plaintiffs. [read post]
18 Jan 2022, 5:01 am
These "duties" don't threaten criminal punishment or civil liability just for defying a criminal's demands (whether the demands are just "leave," as in the duty to retreat, or "stop doing X" in the duty to comply). [read post]
14 Aug 2024, 12:03 pm
Among other things, this includes a duty to warn such invitees of dangerous conditions that would not be obvious to an invitee. [read post]
27 Aug 2010, 2:41 pm
“The duty to test . . . is a subpart of a manufacturer’s duty to design a product with reasonable care, and thus is subsumed in the plaintiffs’ claims for defective design and failure to warn. [read post]
3 Feb 2011, 2:11 pm
A few weeks ago a regular reader, and occasional correspondent, Prof. [read post]
14 Dec 2023, 10:36 am
What is the lawyer’s duty of technology competence? [read post]
7 Jun 2023, 6:56 am
Whereas the duty to warn requires only a “self-produced warning,” Plaintiffs argue for an expansion of the duty to include editing and/or removal of user-generated content. [read post]
9 Jul 2009, 4:54 am
The rule has grown from adequacy of warnings to whether an allegedly defective warning had any causal effect. [read post]
26 Jun 2008, 6:31 pm
That's because a lot of states don't recognize claims for post-sale duty to warn. [read post]
22 Dec 2010, 12:39 pm
It’s not quite as bad as Wimbush because at least Mason involved a warning claim. [read post]
25 Aug 2011, 7:01 am
Plaintiff has also failed to plead facts showing that Defendants did not properly discharge their duty by warning Decedents physician through the Package Insert or otherwise. [read post]
20 Mar 2009, 2:05 am
Lederle Laboratories, 732 P.2d 297, 306 (Idaho 1987).The thin judicial support for a hindsight approach to the duty to warn is easily explained. [read post]
2 Jan 2010, 7:06 am
June 17, 2009), the Supreme Court declined an opportunity to settle the important issue of whether negligence concepts should be introduced into the strict liability doctrine currently employed under Pennsylvania law.In this asbestos case, the defense wished to introduce concepts of foreseeability into the issue of whether it violated any duty to warn given that it was not allegedly foreseeable, at the time, that the plaintiff could be injured as a result of the defendant's… [read post]
30 Apr 2018, 9:24 am
Internet Brands, which “is best read as holding that the CDA does not immunize an ICS from a failure to warn claim when the alleged duty to warn arises from something other than user-generated content…. the proposed warning in this case would be about user-generated content itself – the impersonating profiles or the risk that Grindr could be used to post impersonating or false profiles. [read post]
19 Jul 2007, 1:47 pm
Generally, in a situation where there are a number of competing prescription medical products all serving more or less the same need, courts have held that there's no duty to warn about the attributes of competing products. [read post]
1 Feb 2011, 6:06 pm
Jan Hughes can proceed with her claim that Boston Scientific Corp. failed to properly warn her about the Hydro ThermAblator's burn risks, the 5th U.S. [read post]
7 Sep 2012, 3:23 pm
Thus, everything having to do with warnings was dismissed (albeit without prejudice). [read post]
22 Dec 2011, 11:59 am
This duty-to-report based claim wasn’t even plausibly “parallel” to any tort cause of action ever recognized in Mississippi, so Hughes simply “assumed” that the Mississippi Supreme Court (hotbed of judicial liberalism that it is) would recognize the claim. [read post]
4 Sep 2008, 11:49 am
As defense lawyers, our first duty is to our clients.But blogging about Knipe is doubly difficult because one of us had some prior involvement in Paxil litigation. [read post]
