Tag

“careless smoking” “cigarette fire” “discarded cigarette” “employer liability” “course and scope” “respondeat superior” “subrogation”
Subrogating the discarded cigarette case can burn out quickly or really catch fire.  If your insured caused it, subrogation may be a problem.  But when a defendant causes it, potential subrogation, right?  Perhaps.  Take, for example, the case of a store clerk who throws a discarded cigarette on the pine needles that serve as a landscaping...