Hinch Law

A few years ago I wrote this post about liability issues for neighbors where a tree limb hangs over the property line.  A focus of the article was the Illinois appellate court ruling in Ortiz v. Jesus People U.S.A ., a case in which a large tree branch extended over a public sidewalk, and fell, injuring a pedestrian.  The appellate court affirmed a trial verdict finding the defendant liable - they negligently failed to meet their legal duty of reasonable care, and that the resulting injury was a foreseeable result. The Ortiz case arose in Chicago, an urban setting obviously. Two more recent cases further clarified the law of tree liability - for trees next to a road, and for trees located on a park-like property, such as a private golf club. In Belton v. Cook County Forest Preserve District , the plaintiff sued the District after a tree fell on on his car as he was driving on a road adjacent to the forest preserve. The trial court had granted summary judgment for the D...

Over the past few months I've had the opportunity through the Illinois State Bar Association  on two occasions to provide continuing legal education presentations about commercial general liability (CGL) insurance and coverage of defective construction.  This can be a tricky area and the law can vary by jurisdiction; the Illinois line of governing cases differs from other States. An insurance policy is essentially a contract between the insurer and the insured, consisting of 1) the declarations, 2) the insuring agreement, 3) conditions, 4) exclusions, and 5) endorsements.  In the CGL world, many insurers use a variation of a nationally standardized form.  One thing that trips folks up is that some of the endorsements seem to say there should be coverage for certain things (for example, defective work done by a subcontractor) and so the temptation is to put the cart before the horse. In Illinois, you don't even get to the endorsements unless the court first finds ...

The legal "Release" is a document by which one agrees to "release from" or waive liability from another, potentially even if the liability results from the released party's own negligence.  A broader contract will often contain a release provision, sometimes called a "hold harmless" clause.  The Release is an essential part of countless contractual documents.  In fact, one could argue that a Release should at least be considered as a part of any contract. Two recent Illinois appellate cases (both out of the First District) provide good examples of how courts analyze a Release, both in the context of personal injury claims involving not-for-profit, charitable activities in which an accident occurred.  The cases are sobering reminders that without the proper legal documents, charitable organizations and other parties involved in an event can be held liable  for injuries that occur despite the best of intentions or the unquestioned good of the cause sup...