Search for: ""duty to warn""
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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 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 Jul 2023, 7:23 am
In a recent case, the District Court of Appeal of the State of Florida Fifth District issued an opinion in an appeal involving a duty to warn or duty of reasonable care premise liability action between a plaintiff that was a customer entering a store, and the defendant, the company operating the store, Panera. [read post]
11 Jul 2023, 9:37 am
Amazon therefore had no duty to provide additional warnings regarding the dangers of ingesting Sodium Nitrite… even if Amazon owed a duty to provide additional warnings as to the dangers of ingesting sodium nitrite, its failure to do so was not the proximate cause of Kristine and Ethan’s deaths…Kristine and Ethan sought the Sodium Nitrite out for the purpose of committing suicide and intentionally subjected themselves to the Sodium… [read post]
26 Jun 2023, 9:00 am
These requirements generally include: Duty to Warn: The plaintiff must demonstrate that the defendant (manufacturer or seller) had a duty to provide warnings about the product’s potential dangers. [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]
4 Jun 2023, 4:00 am
The central dispute revolves around whether the doctors had a duty to warn Brice about Braggs’ changed medication and potential for violence. [read post]
1 Jun 2023, 10:56 am
And, I'll argue, that is especially so when the duty is a duty to warn, which may intrude on the victims' privacy and lead people to shun them. [read post]
19 May 2023, 8:41 am
“Under California law, failure-to-warn claims brought in products liability actions are subject to the learned intermediary doctrine, which holds that a manufacturer of prescription drugs or certain medical devices satisfies its duty to warn by providing adequate warning to the prescribing physician, rather than the patient. [read post]
15 May 2023, 11:44 am
Apartment and condominium tenants might have a duty to warn visitors about dangerous conditions they know about within their premises but might not have a legal duty to maintain or warn common areas of the property over which they have no control. [read post]
8 May 2023, 5:24 pm
Corp., 938 F.2d 1463, 1466 (1st Cir. 1991) (“It is clear under Rhode Island law that the duty to warn … is measured, in all respects material to this case, by the same standard as the duty to warn that is enforceable in a negligence cause of action. [read post]
20 Apr 2023, 12:52 pm
["Plaintiff was not informed by his legal counsel prior to filing suit of the potential for immediate disclosure of his name if his Motion to Proceed Under Pseudonym was denied. [read post]
20 Apr 2023, 8:43 am
Some products are inherently dangerous, like chainsaws, but the manufacturer has a duty to warn of the risks. [read post]
20 Mar 2023, 7:52 am
In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect. [read post]
6 Feb 2023, 8:20 am
Here, the court found that the defendant pharmacy had no duty to warn the plaintiff of the drug’s alleged side effects. [read post]
31 Jan 2023, 7:20 am
What is the duty to warn? [read post]
11 Jan 2023, 7:18 am
In a recent case, the First District Court of Appeals in Florida issued an opinion in an appeal involving a duty to warn or duty of reasonable care premise liability action between a plaintiff that was a customer in a store and the defendant, the company operating the store. [read post]
15 Nov 2022, 9:51 am
Consequently, one of the affected users has filed a lawsuit against L’Oréal on the grounds of duty to warn violation. [read post]
15 Nov 2022, 9:51 am
Consequently, one of the affected users has filed a lawsuit against L’Oréal on the grounds of duty to warn violation. [read post]
10 Nov 2022, 10:46 am
In that situation, the manufacturer has a duty to warn the medical community and the consumer about the hazard. [read post]
