On Subrogation

In our modern world, nearly every aspect of life relies on some type of manufactured good. While these goods normally improve our standard of living, whether it be by making things easier or just more enjoyable, an unknown defect can potentially result in property damage or physical harm. Who is responsible for the damages caused by goods in their original packaging? There may be several liable parties throughout the chain of distribution, but some sellers are more "innocent" than others.

Join us this week as Rebecca and Steve discuss the Sealed Container Defense and whether your local state protects the consumer or the manufacturer in the case of a liability claim.

This week, join us as we revisit our episode on Spoliation for a refresher!

Original Air Date: June 4, 2019.

Spoliation is, at its core, evidence tampering. No, we're not dealing with shady backroom threats on a witness' life, but the results of the destruction of evidence can be nonetheless devastating to a party's case, even when it happens by accident. Join Steve and Rebecca as they discuss spoliation, why you shouldn't commit it, how to avoid negligent spoliation, and the myriad and sometimes harsh penalties handed down by courts when spoliation does occur.

Metadata, is not the contents of an electronic file, but information about that file. It's data about data, and nearly every electronic document, photo, recording, or file has it. This information can be created automatically by a computer or user or be inferred through a relationship with another document, and the owner may not even know it's there.

Can metadata be disclosing more information to the opposing party than you intend? The short answer is yes, and that is why it is so important to understand metadata. On this week's podcast, Rebecca and Steve discuss lawsuits and ethics opinions from around the country regarding the disclosure of client and file information that was hidden in metadata. Is it ethical for an opposing party to utilize metadata? Does this encrypted information violate confidentiality? The information is virtual, but the risk is real.

This week, join us as we revisit our episode on Bailment for a refresher!

Original Air Date: April 9, 2019.

Have you ever lent property to a friend? Ever park your car in a parking garage? Ever asked someone to hold onto something for you as a favor?

What if something goes wrong? Who is liable if your property ends up damaged, or stolen? Join Steve and Rebecca as they discuss the shifting burdens and other ways...

That little "Maintenance Required" light on the dashboard - it's something everyone dreads. Even worse, what if maintenance was completed as required, but not completed properly? Maintenance reminders and having them completed at a reputable shop can make or break your position in an accident.

On this week's podcast, Rebecca and Steve discuss what happens when an accident occurs as a result of negligent maintenance. Owners are required to properly maintain their vehicles, but how can you prove that an owner was negligent in failing to perform routine maintenance? What happens if it's the mechanic's fault for shoddily performing that work? Whether passenger vehicles or heavy trucks, listen in to discover how to identify responsible parties and recover on claims for negligent maintenance.

This week, join us as we revisit our episode on Statutes of Limitations for a refresher!

Original Air Date: March 26, 2019.

When is it too late to file a lawsuit for your damages? There's a stat for that! The details, however, depend on a number of factors. Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim. Make sure you aren't late for this very important date!

In our last episode, we discussed the terrifying cases involving objects thrown from trucks into vehicles. Now, what happens if the debris that strikes and damages the insured vehicle was already on the roadway?

On this week's episode, Rebecca and Steve discuss the consequences of striking debris in the roadway and causing damage to an innocent party. From trucks kicking up rocks to road construction sites, learn about the potentially liable parties and what is needed to prove the claim. Is res ipsa loquitor enough?

This week, join us as we revisit our episode on No Fault/PIP for a refresher!

Original Air Date: March 12, 2019.

What does it mean to be in a No Fault state? Does it really mean no one is at fault? Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn't mean without fault, damages may not be damages, and being a "PIP squeak" is problematic.

Ever drive behind a truck hauling huge logs and worry that they are not well-secured? , Failure to Secure Claims might trigger some of those deep-rooted fears. These loads do come loose, and they do cause damage. So what really happens when gravel or even larger cargo comes flying off of a truck? Is it true that objects thrown from these trucks are not their responsibility? On this week's episode, Rebecca and Steve delve into federal regulations for securing cargo as well as the violations a company can incur while driving through different states, because Subrogation recovery can be the final destination for these claims.

Refresh: Res Ipsa Loquitor

This week, join us as we revisit our episode on Res Ipsa Loquitor for a refresher!

Original Air Date: February 12, 2019

Do you have a case in which you just KNOW the other party caused the damage, but you just can't prove it? Can't you just use res ipsa loquitur? The answer is, it's not that simple. Join Rebecca and Steve as they explain the requirements of asserting this legal doctrine, what it really means to assert it, and how the courts react to it. For a thing that speaks for itself, this doctrine isn't so easy.