Tag

Negligence
There are many challenges to subrogation recovery when the fire originates at a neighboring property.  To assist with the challenge of pursuing liability, one tip is to look for evidence supporting the fire spread theory.  In some jurisdictions, common law negligence claims and code violations are allowed to hold the property owner or property manager...
A 2021 opinion by a Washington State appellate court provided additional guidance on how plaintiffs may avoid the “public duty doctrine” defense in lawsuits against government entities. Norg v. City of Seattle (No. 80836-2-I), involved a wife who called 9-1-1 after her husband suffered a heart attack. She provided the Seattle Fire Department with the...
In subrogation actions arising from a subcontractor’s negligence, a common defense for a general contractor is to allege that the subcontractor was an “independent contractor.” In other words – “it wasn’t me, it was the other guy, and I’m not responsible for him!” But is that always the end of the story? Courts in New...
“Dangerous and generally a fruitless occupation.”– Justice Akenhead No, Justice Akenhead was not talking about being a lawyer, but stating that it is inappropriate to rank possible causes of a fire in terms of probability in order to select the most probable.    In Fosse Motor Engineers Ltd v Conde Nast (2008), Fosse, the owner of...