Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages
Release Date: 12/17/2019
Proving Liability in an Online Marketplace: Part 2
On Subrogation
When purchasing a product, you expect it to work, especially when you are purchasing from a retailer as massive as Amazon. If a product you purchased online causes injuries, you have the right to hold the parties involved in the chain of distribution liable. This includes Amazon even if it was only “fulfilled by Amazon.” In this episode, and discuss the continued evolution of the liability of online retailers. We also encourage you to listen to our 2019 episode, , which was refreshed as our previous episode, in which Steve and Rebecca discuss the history of these...
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Refresh: Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company
On Subrogation
This week, join us as we revisit our episode on Liability and the Online Marketplace: Taking on the World’s Most Valuable Retail Company as a refresher! Original Air Date: October 8, 2019 Can an online marketplace be liable for damages caused by a third-party vendor’s product? The answer is, maybe. Join and as they discuss the recent court decisions that are calling into question Amazon’s immunity from liability for damages caused by products they sell on their site, and what these cases mean for the future of products liability cases in the...
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Aw, Rats! Are Soy-Based Wire Coatings a Defect in Cars?
On Subrogation
This is the second installment in our suite on Known Defects and Mass Torts. Last month, we discussed the Ford Pinto cases from the 1970’s. Today, we are back in present day with another allegation of automobile defects: are auto manufacturers’ laudable efforts to go green causing damages to those cars? Specifically, are the newer soy-based wire coatings and other plant-based coatings particularly enticing to rodents? Join and as they discuss the cases that are currently being litigated around these issues, and how the Magnuson Moss Warranty Act can provide...
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Refresh: SCRA: Legal Protections for Military Personnel
On Subrogation
This week, join us as we revisit our episode on Servicemembers Civil Relief Act a refresher! Original Air Date: June 18, 2019 The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act, are a set of laws that allow military personnel and servicemembers to focus on defending our nation, instead of worrying about financial issues and legal actions. The SCRA’s important protections come into play in any legal proceeding involving active duty military personnel, and include additional requirements to assist in protecting them. ...
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You're not Alone - Known Defects and Mass Torts: Ford Pinto Case
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 and 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...
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Refresh: Service of Process: In State
On Subrogation
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 and 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.
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Are You a Robot? Subro Legal Drafting in an AI Era
On Subrogation
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...
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Refresh: MCS- 90
On Subrogation
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 and as they discuss the MCS-90 endorsement, and how knowing...
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Car Wash Cases: Not a Wash
On Subrogation
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, and air out any questions that may...
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Refresh: Carmack Amendment
On Subrogation
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 and as they discuss the Carmack Amendment, and how it attempts to address the issue of interstate shipping damages consistently across the country.
info_outlineYou’ve probably heard this before: “Wait! You can’t sue for your insured’s medical damages. She wasn’t wearing a seat belt and that’s against the law!” All but one U.S. state have laws requiring occupants of motor vehicles to wear seat belts, and at least 15 of them recognize the seat belt defense. In this episode, Rebecca sits down with Michael Markushewski, Chief Technical Officer at ARCCA, to talk about how you can use more than your insured’s statements to respond to this defense, what kinds of seat belts actually provide protection and in what types of collisions, and how this kind of research arose out of helicopter ejection seats and professional hockey players.
Want to see more? Head to our YouTube channel for a video on Seat Belts and Subro: How Vehicle Restraints Affect Damages.
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