The early retention of and trust placed in Keis George by the subrogated insurance company was critical in completing a timely investigation and securing the evidence necessary for a successful resolution, while preventing lengthy and expensive litigation.
Incident Alert – Paint Explosion
On April 8, 2021, there was an explosion and fire at a paint plant factory in Columbus, Ohio. The explosion occurred at Yenkin-Majestic Paint Corp., which is a family-owned and operated coatings manufacturer.
Subtle Nuances Involving Utilities
Just like utilities, the actions of a cooperative employee can cause fires. Unlike claims against a public utility, claims against electric cooperatives can be pursued in court without having to fight over whether the PUCO has jurisdiction.
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...
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...
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...
The explosion and subsequent fire, killed the defendant and damaged the plaintiff's home. The plaintiff's home was damaged beyond repair and had to be torn down. After a two and a half day jury trial, the jury returned a verdict in favor of the plaintiff and against the defendant.
E-Cigarettes a Potential Fire Hazard
While viewed as a healthy and safer alternative to tobacco smoking, the advent of e-cigarettes has created its own set of hazards. E-cigarettes use lithium-ion batteries to power a heating element, which vaporizes a liquid, resulting in the simulated “smoke” of a tobacco cigarette. The lithium-ion battery presents the biggest...
Space Heater Maker Does Not Dodge Manufacturing Defect
The consumer expectation standard, which had been removed from the Ohio Products Liability Act in 2005, could not be relied on by the purchaser of a space heater to support his design defect claim, which was based solely on circumstantial evidence, a federal court in Ohio ruled.
Liquidated Damages and Limitation of Liability Clauses
Liquidated damages clauses and limitation of liability clauses are common in contracts but have different roles. Liquidated damages clauses try to fix, in advance, the amount of reasonable compensation for actual damages. Limitation of liability clauses restrict the amount of compensation available, regardless of the damages suffered. While the provisions both...