When someone is injured or property is destroyed because a manufacturer did not warn about known dangers you may think your case is a slam dunk. But before you start your victory dance, make sure you can prove that the warning would have been read. Recently, the California Court of Appeal for the Fifth District overturned a...
A California court recently held that an insurer had a duty to preserve an allegedly defective tire for use as evidence in the insured’s product liability case. Cooper v. State Farm Mutual Auto. Ins. Co., 177 Cal.App.4th 876 (2009, 4th Dist., Div. 2). Plaintiff Bryan Cooper, an insured of State Farm, was involved in a...
Colorado’s legislature is considering passing a bill that would limit subrogation in personal injury cases. House Bill 10-1186 is aimed at situations where the insured would not be made whole if the insurer was allowed to recover its payments through subrogation. In other words, if there is a limited pool of money to go around,...
The Economic Loss Doctrine may bar tort claims when a defective product causes injury only to the product itself and not to other property or persons. In many jurisdictions there are exceptions to the doctrine, including when the damage is caused by a “sudden calamitous event.”Recently, the Supreme Court of Tennessee considered the application of...
