Economic Loss Rule The Economic Loss Rule is a doctrine that prohibits recovery for an economic loss resulting from a wrongful act or an infringement of a right, when unaccompanied by physical property damage or personal injury. Instead, only parties to the contract or contractual beneficiaries may recover economic losses....
Illinois Tort Immunity
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.
Product Defect
If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion....
When does the PUCO have jurisdiction over a claim
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...
Subrogation Recovery on a Workers’ Compensation Lien
Did you know that it is still possible to pursue subrogation recovery on a workers’ compensation lien for a lien that accrued outside of Ohio? You may pursue reimbursement of the workers’ comp lien up to two years from the date the lien was paid.
A Workers’ Compensation Dilemma
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.
Tort Times: It’s All About Relationships
As you know from my last article, I haven’t been a practicing attorney for long. I will admit in the very beginning it was confusing to me when I received a file that referred to the adverse party as a “claimant.” But you only need to read a claim file...
Product Recalls
More and more, we are seeing property damage caused by water, fire, and explosions as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion. This is why we are trying to work with you to bundle these files to...
Subcontractor Liability
Responsibility. Much of society and certainly the law is based on who will take responsibility. In Illinois, unfortunately, it won’t be those that hire independent or subcontractors. This post will focus on subcontractor liability and the separation between independent and general contractors.
Product Recalls
We have litigated product liability matters involving residential and commercial appliances, gas explosions, cellulose insulation, and sprinkler, plumbing and other water losses. Therefore, we believe we should inform you of the following Consumer Product Safety Commission recalls.