Building On a Rebound | PropertyCasualty360

The following article discusses a resurgent construction industry and the nuances which create more liability for injuries on job sites and defect centered litigation. It seems natural that an increase in construction might lead to an increase in litigation, although this article discusses those not so obvious factors which serve as catalysts for litigation. Building … Continue reading Building On a Rebound | PropertyCasualty360

Modified Comparative Fault and Construction Defect Litigation – The End of Joint and Several Liability?

joint and several treatment is unlikely in most case scenarios due to a party having to be more than 50% of the aggregate fault leading to or causing damages. Specifically, in an action to recover damages resulting from personal injury, wrongful death, or damage to property............. if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than 50% of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault (comparative negligence), if any, of the plaintiff.

Chinese Drywall Analysis and The Economic Loss Rule- Forum Matters

The economic loss rule is a doctrine that is treated differently depending on jurisdiction. As recently as 2009, South Carolina made a signigicant ruling int he Colleton Prep decision, which was soon overturned. Lousiana law has implications on Chinese Drywall litigants from Virginia, where the case might have recieved different treatment.