This chart provides a general summary of how exculpatory agreements and liability waivers are treated in all 50 states. Exculpatory agreements are often accompanied by such contractual risk management tools as indemnification agreements, covenants not to sue, a severability clause, a venue and jurisdiction clause, a mediation/arbitration provision, and an assumption of risk statement. Interpreting…
This chart provides an overview as to the law regarding the pleading, proof, and recovery of past medical expenses that have been fully or partially paid by collateral sources such as private insurance.
This chart summarizes the various product liability laws, allowing a user to quickly reference product liability topics by state and to compare states’ laws side by side.
This chart provides the laws in all 50 states on owner liability for stolen vehicles. Who pays damages your vehicle causes after it is stolen?
The laws regarding and regulations overseeing the use of non-OEM parts in repairing damaged vehicles are confusing and inconsistent. This 50-state chart sheds light on how states regulate and govern the use of such parts.
Being familiar with the seat belt defense, its applicability in a particular jurisdiction, and some rather cutting-edge arguments with which to diffuse it, will go a long way in bolstering your negotiating strength and your overall subrogation recovery. This chart covers seat belt defenses in all 50 states.
The Anti-Subrogation Rule (“ASR”) is a common law defense to subrogation. It states that a subrogated insurance company standing in the shoes of its insured cannot bring a subrogation action against or sue its own insured. This chart provides an overview of the ASR generally, as well as the nuances of its application in all…
This 50-state chart addresses imputing contributory negligence of the driver and whether, and under what circumstances, the contributory negligence of a permissive user/driver of a vehicle will be imputed to the vehicle’s owner to defeat or reduce the owner’s recovery when the owner sues the driver of the other vehicle involved in the collision.
The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. This chart details the law regarding the admissibility of expert testimony.
This chart summarizes the laws on using cell phones and texting while driving, as well as hand-held electronic devices, use of headphones, or other devices which would impair a driver’s attention or hearing.