Premises liability cases are common cases in many personal injury practices. In fact, it is the fourth leading area of practice for personal injury lawyers, behind motor vehicle crashes, product liability and medical malpractice. Approximately 26% of personal injury plaintiff attorneys accept premises liability cases. They are also amongst the most difficult personal injury cases to win because jurors would prefer to blame the injured person than the premises owner, often providing a defense verdict or a high percentage of comparative negligence even when the client did nothing wrong.
Common types of cases in the field of premises liability include negligent security cases, defective conditions (including code violation cases), inadequate maintenance, elevator and escalator injuries, dog bites, amusement park injuries, as well as slip and fall cases. With falls being the leading cause of death for the elderly, and the leading cause of traumatic brain injuries it is important for companies to minimize the risk to others at their facility.
One of the most common problems for lawyers handling these cases, is that unlike auto cases, the “rules” pertaining to premises cases are not as clear as rules that govern drivers in an auto case. You may need to review a variety of building codes and figure out which one applies to the location. Other times there are no building code or statutes that apply, and you must look to corporate documents to determine whether the company violated their own standards or industry standards for that type of business. If the defense keeps you in that “grey area,” you will lose. Another major challenge is jury bias, which has increasingly contaminated the American public through support from major corporations (such as insurers, big tobacco and big pharma), tort reform politicians and talk radio. The public has been led to believe that it should blame the injured person rather than the company.
With such a high loss rate, it is important that plaintiff lawyers handle these cases in a systematic way to ensure they are maximizing their clients' chances in settlement and trial. Trial Guides has created a set of premises liability books and premises liability videos aimed at helping lawyers handling these difficult cases to win for their clients. These premises liability resources will help any lawyer, at any experience level to handle these cases better, increasing your opportunity to win in cases that otherwise would result in a defense verdict.
Top 10 Premises Liability Resources for Lawyers
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