Also known as: admonitions · admonish · admonishes · admonished · admonishing · warning · reprimand · caution
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A warning or cautionary directive, often issued by a court or other authority, regarding conduct, duties, or potential consequences. The statement may caution against improper considerations or warn of consequences for noncompliance.
A warning or cautionary directive, often issued by a court or other authority, regarding conduct, duties, or potential consequences. The statement may caution against improper considerations or warn of consequences for noncompliance.
After a machine injury, the defendant installs a guard. At trial the judge issues an admonition telling the jury it may not consider the guard as proof of negligence. The jury follows the admonition and decides the case on the condition of the machine at the time of the accident.
A landowner knows trespassers are near a high-voltage line. The court finds the owner gave no adequate admonition about the danger. Because the warning was missing, the owner is held liable for the trespassers' injuries.
A private reprimand issued to an attorney for minor misconduct that causes little or no actual or potential injury.
An admonition is a private sanction issued when misconduct causes little or no injury. A reprimand is public and is used for more serious negligence that causes injury or potential injury.
A private reprimand issued to an attorney for minor misconduct that causes little or no actual or potential injury.
Each sense below has its own examples, sources, and questions.
A trustee delegates investment duties without first giving an admonition to the delegate about the trust's distribution needs. The beneficiaries later challenge the delegation. The court holds the trustee failed to exercise the required care and skill.
An accomplice learns of the planned crime and gives timely admonition to police. The warning allows officers to prevent the offense. The accomplice is therefore relieved of liability for the completed crime.
A device manufacturer sends an admonition about risks only to the prescribing physician. The patient later claims inadequate warning. The court applies the learned intermediary rule and finds the manufacturer's duty satisfied by the admonition to the doctor.
A driver takes all possible care yet still creates an unreasonable risk. The court notes that the absence of any further admonition does not change the outcome. The act remains negligent because the risk existed despite the precautions taken.
A court admonition that orders a witness to testify and warns of contempt creates unavailability under Rule 804(a)(2) if the witness refuses to comply. The refusal must follow the order. Wrongful procurement by the proponent can prevent the finding of unavailability.
An admonition satisfies the duty only if it is reasonably adequate to enable trespassers to protect themselves. A vague or missing admonition leaves the possessor subject to liability for resulting harm.