A claimant should keep in mind that it may have a product liability case even when damage to the product is too severe for the claimant to be able to pinpoint a specific defect within the product. Claimants can present circumstantial evidence to establish that a product was defective.
Statutes That May Make or Break Your Product Liability Claim
There are two important statutes that may make or break a product liability claim: (i) statute of limitations; and (ii) statute of repose.
Product Recalls
It may not always be obvious, but there is a cause for every loss. That is why it is important to identify these losses in the early stages of the claim. Therefore, we would like to remind you of the following Consumer Product Safety Commission recalls...
Subrogating Property Losses and Coinsured Status
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...
Product Recalls
Property adjusters are familiar with losses caused by defective products. We would like to remind you of the following Consumer Product Safety Commission recalls...
Self-Driving Cars Autonomous Vehicles
The Society of Automotive Engineers recently provided a classification system and terminology for self-driving cars, formally known as autonomous vehicles.
When Can a Parent or Guardian Be Liable for the Actions of Their Children
Parental responsibility for the actions of minors is 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.
Exceptions to the Economic Loss Doctrine
Economic Loss Doctrine An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of the product, service, or improvement that was bargained for. Generally, an economic loss is observed on assets (i.e., “the books”) rather...
Navigating the Illinois Economic Loss Doctrine
The Illinois Economic Loss Doctrine, or the Moorman Doctrine as it is known in Illinois, can be a roadblock to recovery. Before you close your file, take a closer look, armed with exceptions that may help you navigate your way to the other side.
Introduction to the Act of God Defense
Perhaps no legal cause of action is more frequently applied or universal than one sounding in negligence. We bring it when another driver damages our vehicles, when our buildings are damaged from faulty construction, and when a medical procedure leaves a patient worse off than before. While some negligence actions...