Also known as: warnings · notice · caution
Written by attorneys · grounded in primary & secondary sources — see below
A communication that alerts a person to a danger or risk of which that person would not otherwise be aware. An adequate warning must reasonably inform the recipient of the hazard's nature, severity, and means of avoidance.
Select any source to read its text and confirm it supports the definition.
Winterhaven Logistics defaulted on its mortgage held by Watershed Pharmaceuticals. The mortgagee initiated judicial foreclosure and published notice of the impending sale in local newspapers and mailed copies to the mortgagor. The mortgagor received the notice but claimed inadequate warning of the redemption deadline. The court upheld the foreclosure because the published and mailed notices satisfied statutory requirements for terminating the equity of redemption.
Willow Walker sued Winslow Aviation and the airline moved to dismiss under Rule 12(b)(6). The court denied the motion on June 1. Willow received notice of the denial on June 3. She served her answer on June 17. The court accepted the answer as timely because it was filed within fourteen days after notice of the court's action.
Wanda Weaver asked the court to take judicial notice of the fact that a certain intersection had a stop sign. She supplied the court with certified city records confirming the sign's existence. The court granted the request because Wanda had supplied the necessary information and the fact was not subject to reasonable dispute.
Wesley Wells rented an apartment from Willowbrook Capital under a month-to-month lease. The landlord sent written notice on the first of the month stating that the tenancy would end at the close of the next full month. The notice complied with the statutory period required to terminate the periodic tenancy.
Wyatt Wilson purchased a power tool from Watershed Pharmaceuticals. The tool contained a hidden electrical defect that could cause shock. The manufacturer affixed a label warning users to inspect the cord before each use and to avoid wet conditions. The label enabled Wyatt to detect fraying and avoid injury, satisfying the duty to warn.
Winona Walsh was served with a state-court complaint on March 1. She filed a notice of removal in federal court on March 28. The notice contained a short and plain statement of the grounds for removal together with copies of all process and pleadings. The filing was timely because it occurred within thirty days after service of the initial pleading.
An adequate warning must reasonably alert the average user to the existence of a severe hazard, describe its nature and possible consequences, and provide instructions on how to avoid it. The warning must also be prominently displayed.
No. A negligent act may still create an unreasonable risk of harm even when performed with a warning if the warning itself is unreasonable or the underlying conduct remains careless.
A court must take judicial notice when a party requests it and supplies the court with the necessary information showing the fact is not subject to reasonable dispute.
…An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the…