News & Analysis as of

Negligence Duty to Warn

Marshall Dennehey

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

Marshall Dennehey on

Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

Goldberg Segalla

Valve Manufacturer Denied Summary Judgment in NYCAL

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more

Foley & Lardner LLP

Seventh Circuit Finds the Duty to Warn Can Extend to Packaging Manufactured by Another Company

Foley & Lardner LLP on

Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product?  What about when the company wasn’t warned that packaging could contain anything potentially...more

Maron Marvel

The Supreme Court of South Carolina Grants Certiorari in Jolly v. Gen. Elec. Co., Agreeing to Review Setoff Calculation and...

Maron Marvel on

On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Chartwell Law

Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law

Chartwell Law on

The elements of a cause of action for negligence are well established: duty, breach of that duty, causation, and actual injury. Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563, 593 (2008). “The status of an entrant on...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

Carlton Fields on

Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Foley Hoag LLP

Product Liability Update: July 2019

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Massachusetts Federal Court Dismisses Suit By Japanese Plaintiffs Against Massachusetts Reactor Designer For Japanese Disaster Based On Forum Non Conveniens, Citing Japanese Compensation System That Provided Alternative Forum...more

Sherman & Howard L.L.C.

Training Not A Highway To The Danger Zone

When it was discovered that the perpetrator of the Orlando night club shooting was employed as an armed guard, negligence claims against his employer started rolling in. The plaintiffs alleged that the employer was negligent...more

Ward and Smith, P.A.

An Overview of North Carolina Premises Liability Law

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Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

Foley Hoag LLP

Product Liability Update - October 2015

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Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Jackson Walker

Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Jackson Walker on

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous conditions. ...more

Snell & Wilmer

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

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On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

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