What is failure to warn?

Useful Resources for Products Liability - Failure to Warn

Recent Rulings on Products Liability - Failure to Warn

26-50 of 1061 results

ADELE VANNINI VS PLAYHOUSE NIGHTCLUB ET AL

The Complaint asserts causes of action for: Negligence; Premises Liability; Strict Products Liability: Design Defect; Strict Liability: Failure to Warn; and Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc.

  • Hearing

    Dec 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JASON STEGER VS CSJ PROVIDENCE ST JOSEPH MEDICAL CENTER ET A

Responding Party: Plaintiff Jason Steger RELIEF REQUESTED: Sustain demurrer to second through seventh causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Medical Malpractice 2) Negligence- Design, Manufacture and Sale 3) Strict Products Liability—Failure to Warn 4) Negligence—Failure to Warne 5) Negligence 6) Fraud—Intentional Misrepresentation 7) Fraud—Negligent Misrepresentation SUMMARY OF FACTS: Plaintiff Jason Steger alleges that in October of 2016, plaintiff

  • Hearing

    Dec 11, 2020

JENNIFER HASSO, ET AL. VS MAX R. LEHFELDT, M.D., ET AL.

Lehfeldt); (10) Negligent Failure to Warn (against Allergan and Pacific); (11) Strict Product Liability – Failure to Warn (against Allergan); and (12) Loss of Consortium PRESENTATION: Allergan Defendants filed the motion to strike on July 14, 2020, Plaintiffs filed an opposition on October 23, 2020, and Allergan Defendants filed a reply on October 30, 2020.

  • Hearing

    Dec 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

STOCKTON V. HALLIDAY MANAGEMENT

Genmar Industries, Inc. (1994) 26 Cal.App.4th 1214, 1223, 32 Cal.Rptr.2d 305 [complaint alleged failure to warn of manufacturing defect in boat; plaintiff could not avoid summary judgment by showing failure to warn based on post- manufacture discovery of defect]; Danieley v.

  • Hearing

    Dec 11, 2020

VALERIE JIMENEZ, ET AL. VS MARTIN LUTHER KING, JR., ET AL.

., and Doe and manufacturer defendants, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act; (2) strict liability – failure to warn; (3) breach of fiduciary duty – fraud by concealment; (4) professional negligence (medical malpractice); (5) wrongful death; and (6) unfair business practices in violation of California Business and Professions Code sections 17200-17208.

  • Hearing

    Dec 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

S, filed a complaint against Torrance Unified School District and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn train or educate, (4) constructive fraud (Civil Code 1573), (5) IIED, (6) sexual abuse and harassment in the educational environment (Education Code §220), (7) general violence, (8) sexual battery, and (9) sexual assault.

  • Hearing

    Dec 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADELE VANNINI VS PLAYHOUSE NIGHTCLUB ET AL

The Complaint asserts causes of action for: Negligence; Premises Liability; Strict Products Liability: Design Defect; Strict Liability: Failure to Warn; and Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc.

  • Hearing

    Dec 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADELE VANNINI VS PLAYHOUSE NIGHTCLUB ET AL

The Complaint asserts causes of action for: Negligence; Premises Liability; Strict Products Liability: Design Defect; Strict Liability: Failure to Warn; and Products Liability: Negligence. On December 17, 2018, Plaintiff dismissed Defendant Muse Lifestyle Group, LLC without prejudice. On June 10, 2020, Plaintiff filed three Amendments to Complaint (Fictitious/Incorrect Name) substituting United World Enterprise, Inc.

  • Hearing

    Dec 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANGEL CABRAL VS HASTINGS RANCH INVESTMENT CO

In the opposition, plaintiff cites CACI 1201 (manufacturing defect), 1203 and 1204 (design defect), and 1205 (failure to warn). Plaintiff is required to state the basis for strict liability – manufacturing defect, design defect, or failure to warn – and plead each legal theory in a separate cause of action. (Campbell, 129 Cal.App.2d at 235.) Further, plaintiff Angel Cabral does not allege how the wheel stop was defective. (FAC ¶ 47.)

  • Hearing

    Dec 04, 2020

ROBERT PIONTKOWSKI VS VEIOLIA ES INDUSTRIAL SERVICES INC ET

Superior Court (2006) 144 Cal.App.4th 689, 695 (“The elements of a strict products liability cause of action are a defect in the manufacture or design of the product or failure to warn, causation, and injury.”). Plaintiff does not address FEI’s arguments in opposition. As such, he has not met his burden in showing there is a triable issue of fact. 4.

  • Hearing

    Dec 03, 2020

JANE PE DOE VS BONITA UNIFIED SCHOOL DISTRICT ET AL

On September 16, 2020, Defendant Bonita Unified School District and Lori O’Leary (collectively “Defendants”) filed a Motion for Summary Judgment – or alternatively, summary adjudication – on the First (Negligence Per Se), Second (Negligent Supervision), Fourth (Negligent Failure to Warn), Fifth (Intentional Infliction of Emotional Distress (“IIED”), and Seventh (Sexual Abuse and Harassment in the Educational Environment) causes of action.

  • Hearing

    Dec 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DAHRED D HAGHVIRDI ET AL VS COUNTY OF LOS ANGELES ET AL

The claim for medical malpractice changes the basis for liability as it is based on potential treatment methods that could have been used before birth whereas the claim for wrongful life is based on failure to warn of the birth defects so that termination of the pregnancy could have been considered. (See Nezhad Decl. ¶17). Plaintiffs provide no authority to support their argument that the variance from the facts set forth in the government claim is excused. (See Reply p.3:19-p.4:9).

  • Hearing

    Dec 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ANAIAH SHEHORI VS DOE 4 RELIGIOUS LEADER, ET AL.

The Shehori complaint asserts causes of action for: (1) negligence; (2) negligent hiring/retention/supervision; (3) negligent failure to warn, train or educate; (4) negligence per se; (5) sexual battery; and (6) sexual harassment. The Shehori complaint alleges Shehori attended Doe 3, Local Church, in North Hills, California in Los Angeles where she was required to work since age 9.

  • Hearing

    Dec 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LOHMANN VS. SAFEWAY INC., ET A

Defendant contents Plaintiffs are unable to establish the elements necessary for these causes of action. 3rd C/A Negligent Products Theory of Liability Products liability may be premised upon a theory of design defect, manufacturing defect, or failure to warn. (Trejo v. Johnson & Johnson (2017) 13 Cal.App.5th 110, 125.) “‘[A] plaintiff may seek recovery in a ‘products liability case’ either ‘on the theory of strict liability in tort or on the theory of negligence.’ [Citations.]” (Ibid.)

  • Hearing

    Dec 02, 2020

BARBARA SANCHEZ V. DOES 1 THROUGH 100 INCLUSIVE, ET AL.

Plaintiff’s 24-page FAC names NuSil as a supplier and/or manufacturer of certain described products; asserts five different causes of action for 1) negligence, 2) strict liability-failure to warn, 3) strict liability-design defect, 4) fraudulent concealment, and 5) breach of implied warranties.

  • Hearing

    Dec 01, 2020

CYNTHIA GAREY, ET AL. VS ABBOTT LABORATORIES, ET AL.

The complaint alleges products liability based on negligence, a failure to warn and a manufacturing defect, a breach of the implied warranty, negligence, wrongful death, and a survival action. The complaint arises from an allegedly defective implantable cardiac defibrillator that caused Decedent Philip Garey’s (“Decedent”) death on August 22, 2017.

  • Hearing

    Dec 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ROCHEL DISI VS TAD TANOURA M D ET AL

On September 18, 2019, plaintiff filed the operative third amended complaint (“TAC”) for (1) medical malpractice, (2) medical battery, (3) medical malpractice – lack of informed consent, (4) strict products liability - manufacturing defect, (5) negligent design, (6) negligence, (7) strict products liability – failure to warn, and (8) negligent products liability – failure to warn. Plaintiff names the following as defendants Tad Tanoura, M.D.

  • Hearing

    Dec 01, 2020

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation, Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

    Nov 30, 2020

CHUCKRID HUTAYANA VS YOUNG MENS CHRISTIAN ASSOCIATION OF

Plaintiff filed a Complaint on January 02, 2018, alleging five (5) causes of action sounding in: (1) Negligence; (2) Premises Liability; (3) Strict Products Liability (Design Defect); (4) Strict Liability (Failure to Warn); and (5) Products Liability (Negligence). PRESENTATION: The instant motion was received by the Court on March 13, 2020, the opposition was received on March 24, 2020, and the reply was received on March 30, 2020.

  • Hearing

    Nov 25, 2020

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Jane JB Doe’s operative Complaint alleges fourteen causes of action as follows: (1) civil sex trafficking (Civil Code § 52.5), (2) civil conspiracy against LAUSD, Bennett, Vazquez and Gillard, (3) negligence against all Defendants, (4) negligent supervision against all Defendants, (5) negligent hiring/retention against all Defendants, (6) negligent failure to warn, train or educate against all Defendants, (7) constructive fraud (Civil Code § 1573), (8) breach of fiduciary duty, (9) intentional infliction of

  • Hearing

    Nov 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MICHAEL ALLEN DENNY VS TUUYEN NGUYEN, ET AL.

Plaintiff’s counsel attests the proposed First Amended Complaint adds five causes of action: (1) Strict Products Liability (design defect); (2) Strict Products Liability (manufacturing defect); (3) Strict Products Liability (failure to warn); (4) Negligence (design; sale; manufacturing); (5) Negligence (Failure to warn). As part of the motion, Plaintiff includes a copy of the proposed amended pleading. (CRC Rule 3.1324(a).) The proposed First Amended Complaint is attached as Exhibit 6.

  • Hearing

    Nov 23, 2020

NANCY RAUEN, AN INDIVIDUAL VS K&K FOODS, INC., A CALIFORNIA CORPORATION, ET AL.

Plaintiff filed a Complaint on August 19, 2020, alleging three causes of action sounding in: (1) Negligence; (2) Willful Failure to Warn (Civil Code § 846); and (3) Dangerous Condition of Public Property. 5541 Rosemead Boulevard, LLC ("Rosemead") filed a Cross-Complaint on August 21, 2020 and a First Amended Cross-Complaint ("FXC") on September 30, 2020 against Aria Burger King, Inc. and Kaiser Sphere, alleging nine (9) causes of action sounding in (1) Express Indemnity; (2) Equitable Indemnity; (3) Comparative

  • Hearing

    Nov 20, 2020

MONICA ARELLANO VS EL POLLO LOCO, A CALIFORNIA CORPORATION

Discussion Defendant moves for summary judgment, or alternatively adjudication of Plaintiff’s first cause of action for Premises Liability; second cause of action for Negligence; third cause of action for Failure to Warn; and fifth cause of action for Negligence Per Se.

  • Hearing

    Nov 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Jane GJ Doe’s operative Complaint alleges fourteen causes of action as follows: (1) civil sex trafficking (Civil Code § 52.5), (2) civil conspiracy against LAUSD, Bennett, Vazquez and Gillard, (3) negligence against all Defendants, (4) negligent supervision against all Defendants, (5) negligent hiring/retention against all Defendants, (6) negligent failure to warn, train or educate against all Defendants, (7) constructive fraud (Civil Code § 1473), (8) breach of fiduciary duty, (9) intentional infliction of

  • Hearing

    Nov 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

THE NEW TEMPLE MISSIONARY BAPTIST CHURCH, A CALIFORNIA CORPORATION VS RHODELL GLASCO, ET AL.

Plaintiff’s failure to warn Baranov that his client would be defaulted during on-going and cooperative communications between counsel is the source of Baranov’s misunderstanding that plaintiff was not requiring Glasco to file a responsive pleading. This is sufficient to satisfy the “mistake, inadvertence, surprise, or neglect” requirement of section 473(b).

  • Hearing

    Nov 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Richard L. Fruin

  • County

    Los Angeles County, CA

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