Kate H. Kennedy | Davis Wright Temaine In a recent ruling, the Washington Supreme Court confirmed and clarified the ability of contractors to shield themselves from liability for construction claims arising out of defects in owner-provided plans and specifications. This rare decision on contractor liability provides guidance on the burdens and limits of the design… Continue reading Washington Supreme Court Clarifies Affirmative Defense of Design Defects
Month: November 2021
Florida’s New Virtual Building Inspection Law: A Contractor’s Friend or Foe?
Jason Bullinger | Rumberger Kirk The Florida legislature recently enacted a new law allowing for building inspections by state agents to be done virtually. While the focus of this measure was to alleviate the backlog of inspections and strain on building departments brought on by the pandemic, it could raise new issues for litigators and… Continue reading Florida’s New Virtual Building Inspection Law: A Contractor’s Friend or Foe?
Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations
Brian Esler and Rebecca Schach | Miller Nash The Washington Supreme Court handed down a new framework last week on an employer’s responsibility at the worksite for health and safety violations. The Tradesmen decision results from two separate lawsuits involving different industries in which staffing agencies—defendants Tradesmen and Laborworks—placed temporary workers with host employers. In both cases, the… Continue reading Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations
Nevada Rules Insured Has Burden to Prove Exception to Exclusion
Michael Lowry | Wilson Elser On October 28, 2021, the Nevada Supreme Court joined 26 other state supreme courts, holding the insured has the burden to prove an exception to an exclusion. The question before the court was if an insurance policy provides coverage, but that coverage is then modified by an exclusion, who has… Continue reading Nevada Rules Insured Has Burden to Prove Exception to Exclusion
7 Things to Know About Defective Products & Product Liability Cases
Searcy Denney Scarola Barnhart & Shipley If you have questions about a product defect or product liability in general, below are seven things to know about defective products and product liability law. What is Product Liability Law? Product liability law addresses how injured parties may recover for damages they sustained from a defective product. Typically, the… Continue reading 7 Things to Know About Defective Products & Product Liability Cases