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The Basement
speakers start on fire at Local Hockey Rink
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<blockquote data-quote="Marlow Wilson" data-source="post: 50098" data-attributes="member: 47"><p>Re: speakers start on fire at Local Hockey Rink</p><p></p><p></p><p></p><p><strong>This is my opinion regarding legal information (not legal advice!!!!)</strong></p><p></p><p>Generally all parties are named in the suit resulting from injury or property damage and may then be held jointly and severally liable. The plaintiff can recover 100% of the award from any one defendant who then must sue the other parties for their portion. This is still the common law rule. Tort reform in most states (including ND) mean that they are only liable for their portion of the fault except for in specified circumstances that vary state to state. </p><p></p><p>I suspect, however, that this suit is based on <em>product liability</em> and therefore is only applicable to the manufacturer. The news clip alleges negligence but it's not clear whether that's on the basis of (negligently) failing to warn of some foreseeable risk or (negligently) allowing a defective product out of their warehouse (or some other cause of action....)</p><p></p><p>I draw this distinction because it raises the multiple bases for which one may be held liable. Liability as a manufacturer is something different from liability as a contractor. The insurance companies see it this way as well, generally requiring separate policies. <strong>Take this as a note of caution for those who make things and then put them in public places. </strong>Your insurance may not be covering you!</p></blockquote><p></p>
[QUOTE="Marlow Wilson, post: 50098, member: 47"] Re: speakers start on fire at Local Hockey Rink [B]This is my opinion regarding legal information (not legal advice!!!!)[/B] Generally all parties are named in the suit resulting from injury or property damage and may then be held jointly and severally liable. The plaintiff can recover 100% of the award from any one defendant who then must sue the other parties for their portion. This is still the common law rule. Tort reform in most states (including ND) mean that they are only liable for their portion of the fault except for in specified circumstances that vary state to state. I suspect, however, that this suit is based on [I]product liability[/I] and therefore is only applicable to the manufacturer. The news clip alleges negligence but it's not clear whether that's on the basis of (negligently) failing to warn of some foreseeable risk or (negligently) allowing a defective product out of their warehouse (or some other cause of action....) I draw this distinction because it raises the multiple bases for which one may be held liable. Liability as a manufacturer is something different from liability as a contractor. The insurance companies see it this way as well, generally requiring separate policies. [B]Take this as a note of caution for those who make things and then put them in public places. [/B]Your insurance may not be covering you! [/QUOTE]
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