A thoroughly documented scene can make or break recovery. Our subrogation attorneys offer suggestions to prepare adjusters to maximize recovery.
Who is the Supplier
It is important to know who is the Supplier because Ohio Revised Code 2307.78 establishes the liability of a Supplier in product liability claims.
CPSC Product Recalls
We are seeing an increase in property damage caused by water and fire as a direct result of a defective product. As a property adjuster, you are familiar with losses caused by defective products. Therefore, we are trying to work with you to bundle these files to increase the settlement...
Potential Weakness in Amazon’s Armor
Since the turn of the century, Amazon has become the most obvious thorn in the side of subrogated insurers. In the past twenty years, the online retailer has exploded in both popularity and revenue with a significant percentage of its revenue coming from the Amazon Seller Marketplace. Erie v. Amazon...
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...
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...
Using Circumstantial Evidence to Prove a Product Defect
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.
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...
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.