On Subrogation

When purchasing a new car, customers trust that manufacturers prioritize safety. Unfortunately for many, other priorities created a recipe for disaster when Ford developed the Ford Pinto. Not only was this car unable to withstand a crash exceeding a mere 5 mph, but as plaintiffs successfully argued, Ford blatantly ignored safety concerns with simple fixes in order to rush the Pinto to market.

On this week's episode, join Rebecca and Steve as they delve into one of the most notorious products liability issues in American manufacturing, uncovering the safety disaster that was the Ford Pinto and how such a massive distributor prioritized profits over public safety.

This week, join us as we revisit our episode on In-State Service of Process for a refresher!

Original Air Date: August 27, 2019

What if you had a lawsuit and nobody showed up? Each State has rules governing the service of process in civil suits filed in their courts. Join Steve and Rebecca as they discuss how these rules differ depending on who you are serving, and why this process is so important. Make sure to subscribe to this podcast so that you can be notified of our future episode on Service of Process on Out-of-State defendants, too.

Large language models like GPT4 and the super-realistic chat bots that use them have been in the news lately, both for their benefits in making our interaction with websites easier, and in the ethical traps that have ensnared those who use them, including at least one lawyer. Without a doubt, many industries, including the legal and insurance industries, are turning to these tools to improve the way their businesses run. But are these new AI tools reliable? From issues of confidentiality, to upholding the duty of candor to the tribunal, to the very real bias and factual-sounding "hallucinations" of ChatGPT and its ilk, it is important to proceed with caution.

On this week's episode, Rebecca and Steve ask ChatGPT to discuss the ethical use of these tools in the legal industry, and respond with real-world warnings and cautionary tales to help you understand what these AI tools can and cannot do.

This week, join us as we revisit our episode on MCS-90 for a refresher!

Original Air Date: July 30, 2019.

Big trucks require big coverage – at least according to the Motor Carrier Act of 1980. To make sure that coverage protects the public in accidents involving these big trucks, the Act requires that coverage to include an MCS-90 endorsement. What is the MCS-90 endorsement, and what does it mean for a subrogation case involving a tractor-trailer or other large or hazardous vehicle? Join Rebecca and Steve as they discuss the MCS-90 endorsement, and how knowing what it says can help you in your negotiations of trucking cases.

You can find more information on the Financial Responsibility Requirements for large or hazardous vehicles on the Federal Motor Carrier Safety Administration's website, and the Form MCS-90 Endorsement here.

The owner of a car wash has a duty to provide reasonable care and make their property safe for customers and their vehicles. This means providing detailed instructions for patrons, properly training employees to answer any potential questions, following safety guidelines and regularly repairing and updating car wash equipment. But what happens when a vehicle is damaged during the washing process?

How can a customer prove a car wash owner's negligence? At what point is the owner of the vehicle responsible for their damage? On this week's episode, Steve and Rebecca air out any questions that may arise when negligence is questionable and a car comes out of the wash with more than just an extra wax coat.

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

Original Air Date: July 16, 2019.

What rights does a customer have when a shipping company fails to deliver a shipment timely, the shipment arrives damaged, or it does not arrive at all? What are the limitations on claims such as these? Join Rebecca and Steve as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.

Everyone has heard of a hit and run accident, but what about a miss and run? Occasionally, a defendant will present a case that an accident was not caused by him, but rather by a mystery vehicle that never actually made contact with the involved vehicles, but rather caused the defendant to hit another vehicle and then flee the scene. With no information available regarding this vehicle other than the defendant's word, is a phantom vehicle spooky enough to scare away your recovery?

On this week's episode, Rebecca and Steve discuss the question of proof and whether an alleged vanished vehicle could hold the majority of liability in a loss. Does a phantom vehicle equal a sudden emergency? Does it absolve the Defendant of liability? Don't bypass this episode and miss (and run) out.

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

Original Air Date: May 21, 2019.

Is Sudden Emergency a "get out of liability free" card? It can be, but it depends on the circumstances and on who is making the decision. Join Rebecca and Steve as they discuss what constitutes a sudden emergency, what happens when a defendant claims one, and why so many states have rejected the defense entirely.

You can find more information about why UPS trucks avoid left-hand turns by clicking here.

Is there a heightened standard of care for drivers holding a CDL? The answer, as it so often is, depends on the state.

Join us this week as Rebecca and Steve navigate the standard of care that is expected of commercial truck drivers and whether or not these drivers are expected to have superior knowledge, special knowledge, professional skill, or whether we just expect them to act as reasonable persons. Are CDL manuals or Federal Motor Carrier Safety Administration guidelines admissible evidence of the standard of care? Listen in to find out.

This week, join us as we revisit our episode on the Statute of Frauds for a refresher!

Original Air Date: July 2, 2019.

The Statute of Frauds may sound like a relic of the English Common Law of centuries past, but it is very much alive in the Uniform Commercial Code and state statutes around the country. Understanding the Statute of Frauds and its requirements to put certain agreements in writing can mean the difference between an enforceable payment plan, and an unenforceable promise. Join Rebecca and Steve as they discuss the Statute of Frauds, and the different ways that it has been interpreted from state to state.

The post Statute of Frauds: Why You Should Get Your Payment Plans in Writing appeared first on Rathbone Group, LLC.