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Recent Blog Posts

Subcontractor Liability

Responsibility. Much of society and certainly the law are based on who will take responsibility. In Illinois, unfortunately, it won’t be those that hire independent or sub-contractors. Separation between independent and general contractors From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a… Read More »

Product Recalls and Defects

Recently, we have effectively litigated product liability matters involving residential and commercial appliances, gas explosions, cellulose insulation, and sprinkler, plumbing and other water losses. Therefore, we believe we should inform you of the following Consumer Product Safety Commission (CPSC) recalls.

Subrogation Recovery Following A Natural Disaster

When property damage or other injuries occur in the context of an Act of God, an insurer should not conclude that subrogation is not possible due to the Act of God defense. Although the Act of God may be a large contributing factor to a particular injury or damage claim, there is potential for subrogation against a party whose human factor contributed to the damages sustained. In reality, subrogation in the context of an Act of God is not different from subrogation in the context of any property damage or injury claim.

Federal Rule of Evidence 702 and Daubert

One cornerstone of the admissibility of expert testimony is whether it is reliable. A challenge to the admissibility of expert testimony is generally known as a Daubert challenge, after a United States Supreme Court case that set forth factors for a court to consider in determining whether an expert’s testimony is reliable. See Daubert v…. Read More »

Product Recalls and Defects

If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. We are working with our clients to bundle these cases to increase the settlement value and decrease your… Read More »

Electronic Cigarettes a Potential Fire Hazard

The lithium-ion battery contained in e-cigarettes present the biggest 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…. Read More »

Illinois Animal Control Act

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. The owner or keeper of an animal is liable for injuries caused by the animal… Read More »

Tort Times: Litigate or Die Writing

Earlier this year, I had the opportunity to assist a partner in a jury trial. I had only recently been admitted to the Bar, and had only been employed by Keis George for a few months, so the chance to assist in one of our large loss property cases was a rare opportunity that I… Read More »

Intentional Versus Negligent Spoliation

Spoliation of evidence generally involves the destruction of evidence that is relevant to a civil action that results in harm to a party’s case. Some states recognize it as a separate cause of action, which means that it can be a claim separate from the underlying case. Ohio is one of those states. The state… Read More »

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 to negligence claims. Though these… Read More »