The Federal Tort Claims Act, 28 U.S.C. 2671-2680, provides an avenue for a plaintiff to recover against the United States government for property damage, personal injuries, or death caused by the negligence or wrongful act or omission of federal employees.
National Fire Protection Association and NFPA 921
For the first time in 1992, nearly 100 years after its inception, the NFPA published its “Guide for Fire and Explosion Investigations” under NFPA 921. This publication established guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. As such, NFPA 921 provides standards...
Consumer Product Safety Commission Recalls
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. Therefore, we would like to remind you of the following Consumer Product Safety...
Indiana Claims Against Governmental Entities
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...
The 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. An economic loss...
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 Recalls and Defects
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.
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...