On Subrogation

The future is here! And that future is driverless cars, with the world's first autonomous ride-hailing service now available to the public. Though these fully electric, app based, self-driving vehicles seem convenient and cost-effective, what happens when an autonomous vehicle causes damage or injury to persons or property? Who is to blame? Is it the owner? The manufacturer? The occupant?

On this week's episode, Jason Sullivan joins Rebecca to discuss their first-hand experience riding in an autonomous taxi. Learn the features and abilities of these self-service vehicles and buckle up as we navigate the future of subrogation claims in the era of driverless cars.

This week, join us as we revisit our episode on animals in the road.

Original Air Date: March 24, 2020.

You've seen it before - you're insured was minding her own business, driving down the highway, when suddenly, there's a cow in the road! Or a horse! Or a ... goose? She swerves and... you have a damages claim to subrogate. Is the owner of an animal running at large liable for the damages that animal caused? It depends. In this episode, Steve and Rebecca discuss the cases of animals in the road and animals running at large, and how the laws regarding liability for the damages caused by these animals differs from state to state, and even from town to town. Learn about open range states, fence in states, and what kind of proof you need to recover when your insured is damaged by animals on the loose. For more on open range laws, check out our YouTube video, Livestock Liability in Open and Closed Range States. For more information about animal claims, check out our episode, When Animals Attack! - Dog Bites.

TNT – it's not just for cartoon coyotes, but what happens when explosives are used in the real world… and cause damage to your insured? Blasting with explosives is common in mining operations, construction and roadwork, but blasting, not surprisingly, can cause damage. Whether by noise, pollution, vibration, or flying debris, when these blasting activities cause damage, does the public just have to sit back and endure it?

On this week's episode, join Rebecca and Steve as they dig deep into case law on when and how to bring actions to recover for damages caused by public nuisance.

This week, join us as we revisit our episode on third-party liability defenses.

Original Air Date: March 19, 2021

What happens when someone else causes an accident while driving your car? Are you liable for the damages caused by this irresponsible driver? Today, Steve and Rebecca pick up with our second installment in our series on third-party liability: defenses raised by third-party owners. In addition to the usual negligence defenses, owners raise additional arguments to challenge their own liability. Using multi-state case law as real-life examples, Steve and Rebecca travel from Oregon to Washington, DC to explain how to address these defenses, from shifting the burden of proof, to proving ownership, to key-in-ignition statutes that attach liability to the owner even if the vehicle was stolen.

If you missed our first episode on third-party liability, check out our previous episode. Do you have claims involving car and truck rental companies? Don't miss our podcast on the Graves Amendment, or head to our YouTube channel for a Graves Amendment video.

In subrogation, we typically deal with torts. Generally, these are based on negligence, which means that the central question is one of causation: we must prove that the Defendant's actions or failure to act were both the actual and proximate cause of the Plaintiff's damages. But what if there are not one, but two negligent defendants? That may sound like a great problem to have, but when you can't prove which defendant's breach caused the plaintiff's harm, meeting the causation requirement can get tricky.

On this week's episode, join Rebecca and Steve as they sort out two very useful rules: the unascertainable cause and the merged causes tests, which you can use to get to judgment when you have too many tortfeasors acting too negligently. If they all did it, can they get away … with negligence?

This week, join us as we revisit our episode on 3rd Party: Owner & Vicarious Liability

Original Air Date: March 5, 2021

How do you recover damages if your tort driver is uninsured, underinsured, or otherwise uncollectable? What is the risk to lending your car to your drunk friend? (spoiler: don't do this). In this, our first in a multi-part series on third-party liability, Steve and Rebecca discuss when and how the owner of a vehicle will be vicariously liable for damages cased by a different driver, by statute, common law, or by negligent entrustment. As a bonus, learn some great arguments for why you can't loan your car to your cousin, the terrible driver.

Be sure to favorite or subscribe to the On Subrogation podcast so that you can catch the next episodes on other types of third-party liability!

Time, time, time. It's not always on our side. We are, generally, aware of Statutes of Limitations, which allow only a certain amount of time after a cause of action has accrued to file a lawsuit. So, what if your damages are caused by a latent defect that is only discovered years after the tortfeasor completed work on, say, a house? Since your statute of limitations does not begin to run until the damage is discovered, you're in the clear right? Not so fast. You may be barred by the running of another time limit: the Statute of Repose. That's right. This time limit is based on when work was completed, or when a product was sold, not when the loss occurred.

On this week's episode, join Rebecca and Steve as they dive deep into this crucial, yet often misunderstood, aspect of legal limitations. When does a statute of repose bar recovery on a subrogation claim? How is it fair that the time limit to file the claim could run before the insured could even have known the claim exists? It turns out, the limit does exist, and the clock may have already started ticking.

This week, join us as we revisit our episode on Statute of Limitations as 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!

It's our 100th episode! What better way to commemorate this milestone than to look back at the dumbest ways we have seen people start fires?

On this week's episode, Rebecca and Steve reminisce on some of the most senseless cases that have come across our desks where pure, avoidable, negligence caused significant damage. From cigarettes to chicken wings to trampolines, there is seemingly no end to the interesting ways tortfeasors have caused subrogation claims from fires.

This week, join us as we revisit our episode on When Animals Attack as a refresher!

Original Air Date: March 10, 2020

People love their pets, but sometimes, pets don't love other people. What happens when your insured is attacked by an animal? Is the owner liable? What do you need to prove, and what defenses might you face? Is there really such a thing as a "one-bite" rule? Join Rebecca and Steve as they survey several states to discuss some dogs that were not good boys. You can find a list of states and their dog owner liability statutes, or lack thereof, here. Rathbone Group, LLC does not own, contribute to, nor maintain the alllaw.com site. You should consult an attorney for legal advice and statutory interpretation. Feel free to contact us for more information on this or any other topic at [email protected].