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.
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.
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...
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.
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.
Contribution, when it exists, is the right of a person who has been compelled to pay what another should pay in part to require partial (usually proportionate) reimbursement and arises from principles of equity and natural justice.
Bailment is a legal relationship wherein a person (the “bailor”) transfers physical possession of personal property to another person or entity (the "bailee"). Only possession, not ownership, is transferred.
If you are pursuing a claim against a motor vehicle owner or operator, and have attempted to serve the defendant using a commercial carrier, certified U.S. mail, or regular mail to his or her last known residential address, but have not been successful, you may be able to perfect service...
In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. As a result, we included a few tips you should keep in mind regarding witnesses and defenses.
The Ohio Rules of Civil Procedure provides an alternate means for serving those “hidden” defendants.