Category Archives: Liability
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.
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.
From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a contract, or other factors discussed later, one who hires an independent or sub-contractor is not responsible for the negligence of that person or company. In terms of subrogation this can be quite frustrating.
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 »
Comparative fault and contributory negligence are two seemingly simple terms that can cause severe headaches in our daily lives if we don’t understand these terms. Each concept is applicable to an event where two or more persons may be responsible for the damages. Comparative fault and contributory negligence only apply to negligence claims. Though these doctrines can be complex in practice, below are a few ideas to consider when pursuing your subrogation claim.
Many may believe that when a horse, cow, or the like are found running at large on a public road and cause an accident, that the owner is strictly liable. That is not true. The injured party still must prove the owner or “keeper” of the animal was negligent. In other words, the owner or… Read More »
Subrogating property losses, within the context of the landlord and tenant relationship, can add layers of complexity outside of the general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred. Before expending costs and time, one issue worth analysis is figuring out exactly who can… 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.
In accordance with Ohio Revised Code 2307.25(A), if one or more persons are jointly and severally liable in tort for the same injury or loss to person or property or for the same wrongful death, there may be a right of contribution (even if a judgment has not been recovered against all of them). As… Read More »
Ohio law gives rise to two rights of contribution for an insurer: (1) from a joint tortfeasor, pursuant to Ohio Revised Code Section 2307.25; and (2) from a coinsurer or concurrent insurer who provides coverage for the same loss. The right to contribution from a coinsurer or concurrent insurer is recognized in both statute and… Read More »