product without warning (New York) · Go Syfert
← New York issues

product without warning in New York

8 New York opinions name it 2 courts 1985–2014 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Cover v. Cohengreen
ny · 1984 · cited in 7 New York opinions naming this issue, 1985–2014
2 sentences

2014A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable” (Liriano v Hobart Corp., 92 NY2d 232, 237 [1998]). “ ‘The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warnings, the reliability and adverse interest of the person to whom notice is given, the kind of product involved and the burden in disseminating the warning’ ” (Chien Hoang v ICM Corp., 285 AD2d 971, 972 [2001]; see generally Cover v Cohen, 61 NY2d 26

2014A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable” (Liriano v Hobart Corp., 92 NY2d 232, 237 [1998]). “ ‘The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warnings, the reliability and adverse interest of the person to whom notice is given, the kind of product involved and the burden in disseminating the warning’ ” (Chien Hoang v ICM Corp., 285 AD2d 971, 972 [2001]; see generally Cover v Cohen, 61 NY2d 26

57
Liriano v. Hobart Corp.green
ny · 1998 · cited in 4 New York opinions naming this issue, 2001–2014
2 sentences

2014A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable” (Liriano v Hobart Corp., 92 NY2d 232, 237 [1998]). “ ‘The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warnings, the reliability and adverse interest of the person to whom notice is given, the kind of product involved and the burden in disseminating the warning’ ” (Chien Hoang v ICM Corp., 285 AD2d 971, 972 [2001]; see generally Cover v Cohen, 61 NY2d 26

2014A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable” (Liriano v Hobart Corp., 92 NY2d 232, 237 [1998]). “ ‘The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warnings, the reliability and adverse interest of the person to whom notice is given, the kind of product involved and the burden in disseminating the warning’ ” (Chien Hoang v ICM Corp., 285 AD2d 971, 972 [2001]; see generally Cover v Cohen, 61 NY2d 26

34
Repka v. Arctic Cat, Inc.green
nyappdiv · 2005 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Consequently, “ ‘[i]n all but the most unusual circumstances, the adequacy of a warning is a question of fact’ to be determined at trial” (Johnson v UniFirst Corp., 90 AD3d 1539, 1540 [2011]; see Repka v Arctic Cat, Inc., 20 AD3d 916, 918 [2005]).

2014Consequently, “ ‘[i]n all but the most unusual circumstances, the adequacy of a warning is a question of fact’ to be determined at trial” (Johnson v UniFirst Corp., 90 AD3d 1539, 1540 [2011]; see Repka v Arctic Cat, Inc., 20 AD3d 916, 918 [2005]).

33
Hoang v. ICM Corp.green
nyappdiv · 2001 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable” (Liriano v Hobart Corp., 92 NY2d 232, 237 [1998]). “ ‘The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warnings, the reliability and adverse interest of the person to whom notice is given, the kind of product involved and the burden in disseminating the warning’ ” (Chien Hoang v ICM Corp., 285 AD2d 971, 972 [2001]; see generally Cover v Cohen, 61 NY2d 26

2014A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable” (Liriano v Hobart Corp., 92 NY2d 232, 237 [1998]). “ ‘The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warnings, the reliability and adverse interest of the person to whom notice is given, the kind of product involved and the burden in disseminating the warning’ ” (Chien Hoang v ICM Corp., 285 AD2d 971, 972 [2001]; see generally Cover v Cohen, 61 NY2d 26

23
Johnson v. UniFirst Corp.green
nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2014–2014
2 sentences

2014Consequently, “ ‘[i]n all but the most unusual circumstances, the adequacy of a warning is a question of fact’ to be determined at trial” (Johnson v UniFirst Corp., 90 AD3d 1539, 1540 [2011]; see Repka v Arctic Cat, Inc., 20 AD3d 916, 918 [2005]).

2014Consequently, “ ‘[i]n all but the most unusual circumstances, the adequacy of a warning is a question of fact’ to be determined at trial” (Johnson v UniFirst Corp., 90 AD3d 1539, 1540 [2011]; see Repka v Arctic Cat, Inc., 20 AD3d 916, 918 [2005]).

23
Frederick v. Niagara Machine & Tool Worksgreen
nyappdiv · 1985 · cited in 3 New York opinions naming this issue, 2001–2005
2 sentences

2005The nature of the warning and to whom it should be given depend upon a number of factors including the harm that may result from use of the product without the warning, the reliability and adverse interest of the person to whom the notice is given, the kind of product involved, and the burden of disseminating the warning (Frederick v Niagara Mach. & Tool, 107 AD2d at 1064, citing Cover v Cohen, 61 NY2d 261, 276 [1984]).

2005The nature of the necessitated warning and to whom it should be given “depend upon a number of factors including the harm that may result from use of the product without the warning[ ], the reliability and adverse interest of the person to whom notice is given, the kind of product involved, and the burden of disseminating the warning” (Frederick v Niagara Mach. & Tool Works, 107 AD2d 1063, 1064 [1985], citing Cover v Cohen, 61 NY2d 261, 276 [1984]).

23
Dickerson v. George J. Meyer Manufacturinggreen
nyappdiv · 1998 · cited in 1 New York opinions naming this issue, 2001–2001
1 sentence

2001In addition, when “the injured party was fully aware of the hazard through general knowledge, observation or common sense * * * lack of a warning about that danger may well obviate the failure to warn as a legal cause of an injury resulting from that danger” (Liriano v Hobart Corp., supra, at 241; see also, Dickerson v Meyer Mfg., 248 AD2d 970, 971 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Johnson v. LCA Vision, Inc. neutral
nyappdiv · 2001
1 sentence

2005Even assuming, arguendo, that defendants established the sufficiency of the warnings as a matter of law, we conclude that plaintiff raised a triable issue of fact concerning their sufficiency through the averments of his expert (see Ganter, 291 AD2d at 848 ; Chien Hoang, 285 AD2d at 972 ; Steinbarth v Otis El.

12005–2005
Ganter v. Makita U.S.A., Inc. green
nyappdiv · 2002
1 sentence

2005Even assuming, arguendo, that defendants established the sufficiency of the warnings as a matter of law, we conclude that plaintiff raised a triable issue of fact concerning their sufficiency through the averments of his expert (see Ganter, 291 AD2d at 848 ; Chien Hoang, 285 AD2d at 972 ; Steinbarth v Otis El.

12005–2005
Lancaster Silo & Block Co. v. Northern Propane Gas Co. green
nyappdiv · 1980
1 sentence

1985(See, Lancaster Silo & Block Co. v Northern Propane Gas Co., 75 AD2d 55 [4th Dept 1980].) .

11985–1985

Where else courts name it

NY 8 (1985–2014) NJ 3 (1982–2000) MT 2 (1980–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check