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Secrets to outmaneuvering the economic loss doctrine

Recovery may not be an option in cases involving negligence or strict liability.

By Kevin F. Keeley | Updated on November 28, 2017

For some claims, the economic loss doctrine can be a roadblock to subrogation. Exploring exceptions to the doctrine can provide subrogation professionals with the tools to navigate their way to recovery. An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of a product, service or improvement. Generally, an economic loss is observed on assets rather than physical injury to a person or entity.

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