Premises Liability
One of the most common claims an insurer must handle are premises liability issues. At Leritz & Plunkert we are highly experienced in defending these claims, both before and after litigation is commenced. Whether the claims concern a slip and fall, snow and ice injuries, weather related conditions or other dangerous conditions, failure to warn, attractive nuisances, licensee or invitee issues, improper maintenance of a premises, construction activity, dog bite and dangerous animals, or otherwise, our attorneys will provide your insureds with expert and experienced legal representation.
Premises liability claims can arise on behalf of homeowners, commercial property owners, commercial tenants, general contractors, subcontractors, and service providers, just to name a few. Whatever the circumstances, our attorneys are trained to immediately ascertain and document the facts of a claimed injury, the actual condition of the premises, the ability of the plaintiff or claimant to safely navigate the premises, the legal relationship between the plaintiff or claimant and the insured, other potential landowners or defendants, previous injuries and claims by the plaintiff, witnesses, and all other matters designed to bring the claim to a swift and favorable conclusion, or to establish a vigorous and effective legal defense.
The defense of premises liability claims often depends on the ability of the attorney to quickly and accurately document the condition of the premises and of the claimed danger. At Leritz & Plunkert we have the experience and expertise to quickly examine and photograph a residential or commercial property to provide favorable evidence to provide to a jury, mediator, or attorney. Depending on the complexity and value of the claim, we will work with competent and effective engineers, contractors, and other experts to provide documentation and opinions on the nature of the claimed hazard.
There are many potential defenses to a premises liability claim, including the plaintiff’s own negligence, whether the hazard is open and obvious, whether the plaintiff holds the legal status of a trespasser or business invitee, whether another party is rightly responsible for the hazard, whether the hazard is a naturally occurring phenomenon, and the like. Our attorneys are experienced in asserting, documenting and arguing all of these defenses in response to the facts of a particular case in order to bring the claims to a swift and favorable conclusion.