Category Archives: Laws
We receive many cases involving claims against governmental entities. In Indiana, it is permissible to sue a governmental entity in a subrogation matter, but the subrogated carrier must meet certain requirements. This post is intended to give you information about how to comply with the statute that sets forth the requirements, so that when you send the file to Keis George, we can proceed with the lawsuit immediately.
Suits against “local public entities,” including counties, townships, municipalities, municipal corporations, school districts, park districts, fire protection districts, and sanitary districts, fall under the purview of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101.
In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO with jurisdiction to hear and decide claims related to the provision of service by utilities.
What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.
Some interesting highlights from the statute include county hospitals along with their commissioners and trustees, port authorities, fire and ambulance districts, waste management districts, and correctional facilities. Further, identical language is contained in ORC 3345.50(B)(2) which applies to state universities and colleges.
One cornerstone of the admissibility of expert testimony is whether it is reliable. A challenge to the admissibility of expert testimony is generally known as a Daubert challenge, after a United States Supreme Court case that set forth factors for a court to consider in determining whether an expert’s testimony is reliable. See Daubert v…. Read More »
Pets have a tendency to make their way into subrogation files. The inevitable question we ask is whether a cause of action to base recovery upon exists. In Illinois, the Illinois Animal Control Act supplements the general common law rule. The owner or keeper of an animal is liable for injuries caused by the animal… Read More »
Ohio Revised Code 2307.73(B) provides that a claimant may present circumstantial evidence to establish that a manufacturer’s product was defective if the product was destroyed. When it comes to product liability claims against a manufacturer, one thing that can be detrimental to a claim is when the product is so badly damaged after a fire… Read More »
Product liability laws provide claimants with an avenue of recovery for injuries caused by a defective product. In general, there are two important statutes that an injured party must consider when determining if it may bring a product liability action: (i) the statute of limitations; and (ii) the statute of repose. In Ohio, the statute… Read More »
Liability for the actions of minors can always be a sticky issue. However, in certain scenarios, parents or guardians can be held liable for damage(s) caused by the actions of minors. The two most common scenarios where this issue comes up are auto accidents and vandalism claims. Regarding auto accidents, Ohio Revised Code 4507.07 imputes… Read More »