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Author: Stacy D. Fulco

I am a Chicago lawyer and I specialize in the defense and handling of claims and litigation within the retail, restaurant and hospitality industries.
Claim Handling / Investigations

Spoliation of Evidence Refresher


Three of the scariest words in civil law are “spoliation of evidence.”  Just the threat of a spoliation claim makes claims examiners and lawyers sweat.  It’s the first legal concept every claim handler should learn, and stay updated on, as they change jurisdictions. I want to briefly talk about spoliation…
Posted on February 9, 2015 by Stacy D. Fulco by Stacy D. Fulco
Premises Liability / Notice

Open and Obvious Conditions – The Law & Exceptions


Ask ten defense attorneys and claims examiners if something is open and obvious and 9 times out of 10 we will all say “Yes, of course.”  Unfortunately, judges, juries and plaintiffs’ attorneys don’t usually agree with us. Let’s talk about what the law considers to be open and obvious dangerous conditions…
Posted on February 2, 2015 by Stacy D. Fulco by Stacy D. Fulco
Concealed-Carry / Gun Laws

To Post Or Not To Post – That Is The Question For 2015!


A decision that is placing a lot of stress on in-house counsel at retail, restaurant and hospitality companies across the country is whether to post No-Gun signs on their business doors.  Depending on which type of group you talk to about the issue, you will hear arguments for and against…
Posted on January 26, 2015 by Stacy D. Fulco by Stacy D. Fulco
Premises Liability / Notice

Floor Mat Liability – 5 Theories Of Negligence


What’s a plaintiff’s attorney’s favorite “safety” device?  Here's a hint – it doesn’t matter if you have them or not, plaintiffs can always find a way to argue negligence. What’s the answer?  Floor mats! If no floor mats are used, plaintiffs argue negligent failure to have floor mats.  If there are mats,…
Posted on January 19, 2015 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

Putting An End To Fraudulent Personal Injury Claims


Fraudulent personal injury claims are far too familiar to the retail, restaurant and hospitality industries.  I recently published an article in the Chicago Lawyer Magazine addressing this very topic.  It is a discussion about how this practice hurts both plaintiff and defense attorneys and how we can all work together…
Posted on January 12, 2015January 12, 2015 by Stacy D. Fulco by Stacy D. Fulco
Update In Illinois Law / Procedure

Noteworthy Illinois Court Decisions – 4th Quarter 2014


What better way to celebrate the end of 2014 than to look at case law! There were three cases published in the fourth quarter of 2014 that are specifically relevant to the retail, restaurant and hospitality industries.  Below are detailed summaries of each case but if you can’t handle reading…
Posted on January 3, 2015January 8, 2015 by Stacy D. Fulco by Stacy D. Fulco
Security Issues & Manuals

Security Manual Liability – Don’t Let Your Manual Be a Liability


Security manuals are a must for businesses open to the public, but if not written and implemented properly, they can become a liability to the company.  Unfortunately, most companies do not realize the problems within their manuals until there is an incident and the manual is placed under a microscope…
Posted on December 29, 2014January 12, 2015 by Stacy D. Fulco by Stacy D. Fulco
Holiday Hypothetical

Holiday Hypothetical


It’s the end of the year and no one is in the mood to be at work so here is a Holiday Hypothetical to brighten your day! Hypothetical:  "Frosty the Snowman" needed a holiday gift for Mrs. Frosty so he slid down the hill and into a nearby store.  Frosty…
Posted on December 22, 2014February 17, 2015 by Stacy D. Fulco by Stacy D. Fulco

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