A California Court of Appeal applied the wrong cases to its analysis of a physician's duty to warn in Reisner v. Regents of the University of California. The case involved a man who became HIV positive after sleeping with a woman who had received a contaminated blood transfusion years before. Her doctor found out that the blood was contaminated but did not tell either the woman or her parents, as she was a minor at the time. The analysis of the court required an identifiable third party being harmed, which was not the case. Instead, a professional negligence approach should have been used.
... Court for the Northern District of California. Before BROWNING, ANDERSON, and REINHARDT, Circuit...Molsbergen was on active duty in the U.S. Navy, he was ordered to participate in...Appellant alleged that by failing to warn Mr. Molsbergen of these dangers once it became awa...
... that a manufacturer of a sound product has a duty to warn about hazards associated with a separate m... In 1944, writing for the high court of California in a concurring opinion for Escola v. Coca Cola Bo...
... user exception to a manufacturer's duty to warn users of potential dangers of its products...
A manufacturer has no duty to warn of the danger of another manufacturer's product used in conjunction with its own product, the California Court of Appeal has ruled. The plaintiff's late husband suffered from his exposure to asbestos-containing products during his Navy service in the mid- 1960s.
... with large Hispanic populations like California and Florida. (6) . Why is this background signific...common law imposes a general duty on consumer product manufacturers and suppliers to...
Although insurance agents and brokers accept many duties owed to their customers, they are not guarantors of every problem that may face an insured. In Boyer v. Wells's case, the California Court of Appeal ruled that an insurance agent only needs to fulfill duties actually assumed and that unless the agent makes specific promises, the agent is not obligated to an insured. In Boyer v. Wells, the insured failed to pay his premium and tried to blame cancellation on the agent who failed to force him to pay. Whether a duty of care exists is a question of law for the court. The Court of Appeal concluded that Wells owed no duty to Boyer to warn that he needed to pay his premium or risk cancellation of his policy. The duty Boyer sought to impose on Wells does not involve any misrepresentation o...
[...] the litigation was focused on companies that made asbestos-containing products.6 Then, when most of those companies went bankrupt, the litigation spread to premises owners in claims brought by independent contractors. [...] asbestos litigation in most jurisdictions is now primarily focused on claimants alleging asbestos-related mesothelioma.
...Ray Harron. In California and Florida, Dr. Harron agreed to voluntarily surr...For instance, in B org-Warner Corp. v. Flores, an asbestos case brought by a ret... In essence, those advocating for this new duty rule seek to impose rescuer liability on the compo...
... Court for the Northern District of California. Before MERRILL and POOLE, Circuit Judges, and ROT... of a Job Corps Center, owed the Vus a duty of care in the supervising of Job Corps members. T... that the neighborhood should have been warned of the presence of such a group. Appellants conten...
[...] Part IV will examine the limits of liability under Section 311, advocating that courts adopt rules that balance the value of shared information (particularly regarding physical safety) against the value of holding people accountable for negligently inaccurate speech about such risks. [...] a tort system that does not overly burden information providers better balances the benefits of freedom and sincerely rendered information with the benefits of tort imposed responsibility.
...What if the crossing had the following warning: "Enter at Your Own Risk: Crossing Not Monitored"?...Section 311 imposes a duty on those who represent information to use reasonab...The development of California's common law negligent misrepresentation is also i...
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