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.
Propane Explosion
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.
Subrogating Property Losses and Coinsured Status
Subrogating property losses, within the context of the landlord and tenant relationship, can add layers of complexity outside of the general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred. Before expending costs and time, one issue worth analysis is...
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...
Navigating the Illinois Economic Loss Doctrine
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.
Introduction to the Act of God Defense
Perhaps no legal cause of action is more frequently applied or universal than one sounding in negligence. We bring it when another driver damages our vehicles, when our buildings are damaged from faulty construction, and when a medical procedure leaves a patient worse off than before. While some negligence actions...
Brooks versus City of Huntington
Prior to the Court’s 2014 ruling in Brooks v. City of Huntington, a property owner could not recover damages greater than the property’s fair market value.
What is an Act of God
An Act of God is an event caused by natural forces beyond human control, such as an earthquake, violent storm, lightning, or an unprecedented flood that cannot be reasonably anticipated or guarded against.
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.
Investigating a Sump Pump Failure
A picture truly is worth a thousand words. A thoroughly documented sump pump file can also be the difference in thousands of dollars in recovery. When in doubt, more is better. These suggestions will provide the subrogation professional, expert, and counsel with tools to prepare the file and maximize your...