Ohio Revised Code 955.28 covers the liability of a dog owner. Our Columbus, Ohio office has had many cases where a dog gets loose, runs into the street, and causes a vehicle to strike the dog or swerve to miss the dog and strike other property (e.g., another vehicle, fence,...
Indiana Negligent Entrustment
Under Indiana law, the theory of Negligent Entrustment allows for an injured party to recover from the owner of a vehicle who negligently allowed another person to use the vehicle. Negligent entrustment is most common in auto claims, although there are other circumstances where it is applicable.
Preserving the Scene
Preserving the scene is just one part of our Early Involvement Strategy and one of the most important factors in building a good case. Capturing relevant photographs throughout the investigation process along with taking witness statements and properly securing the scene will put you in the best position to preserve...
Coverage for Subcontractor Liability
The insurance company is not required to defend the general contractor against or indemnify the general contractor for claims for damage caused by its subcontractor’s defective work because the work is not an occurrence. Regarding subcontractor liability, the Ohio Supreme Court determined a subcontractor’s faulty work was not covered by...
Right of Contribution
Because contribution is an excellent way for an insurer to recoup some of the damages that it pays on a particular loss, consideration should be given to separate policies that an insured or other entity may maintain on the same risk, property and/or interest, so that contribution may be pursued...
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...
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.
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.
Illinois Animal Liability
The Illinois Animal Control Act supplements the general common law rule and eliminates the requirement that the owner of the animal in question has prior knowledge of the vicious or dangerous propensities of the animal.
Contributory Negligence and Comparative Fault
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...