A track record of success based on taking a big-picture view
Butler Snow’s Premises Liability Group focuses on understanding and analyzing a premises liability case well in the beginning. This approach has resulted in a track-record of success that is noteworthy.
For example, we have a history of obtaining summary judgments, which is largely due to taking the time to fully understand our clients’ business operations, and of course, their premises. In many other cases, we have identified liable third parties and pursued a complete or partial allocation of fault to them in situations in which doing so is not always obvious.
Additionally, many clients, such as banks and apartment owners, include arbitration agreements within their deposit or rental agreements, which enables us to compel arbitration. Our Premises Liability Group’s in-depth knowledge of various states’ laws compelling arbitration has resulted in many out-of-court successes, which have saved our clients time and money.
While summary judgments, shifting responsibilities, and arbitration are important tools, Butler Snow also has the depth, versatility, and experience to take a case to trial or escalate it to the appellate court, when necessary.
We have experience working with all types of commercial establishments, as well as residential or industrial property owners. This includes convenience store owners and operators, financial institutions, manufacturers, and various retailers. We handle premises liability claims for self-insured property owners, those with a high self-insured retention, and insurance companies who retain us to defend their insureds.
We’ve successfully defended a broad range of actions, from slip and falls to major injuries and deaths because of alleged negligence on the part of the property owner in maintaining the property or resulting from criminal activity on the premises. A sampling of our attorneys’ experience includes:
We’ve successfully defended a broad range of actions, from slip and falls to major injuries and deaths because of alleged negligence on the part of the property owner in maintaining the property or resulting from criminal activity on the premises. A sampling of our attorneys’ experience includes:
- Large numbers of premises claims for one of the major casinos in the United States.
- Premises liability claims arising from criminal activity occurring at apartment complexes and stores.
- Premises liability-specific cases involving work sites.
While premises liability law is constantly evolving, our attorneys keep abreast of the latest court decisions, legislative enactments, and federal regulations; and we are regularly called upon to speak about these matters. In fact, we have been involved in legal decisions that have helped evolve this body of law.
Appropriate staffing
One of the fundamental tenets of our firm’s culture is that we always bring value by finding the best lawyers and paralegals to handle a specific client matter. Additionally, we always consider the economic realities of each case and use associates and paralegals when it is feasible and economically logical to do so.
Additionally, our firm has the bench strength to represent clients in both trial and appellate courts nationwide, using the latest courtroom technology and multimedia presentations. When a matter expands beyond premises liability, we can easily assemble an in-house multi-disciplinary team that is able to respond to virtually any set of circumstances.
Highlights
- Successfully represented major real estate owners and management companies in defending premises liability claims arising from criminal activity occurring at apartment complexes.
- Successfully represented a major casino in a large number of premises claims.
- Our work resulted in the reversal of a $2.5 million judgment against one of the largest grocery store chains in the U.S. in a premises liability case, finding that evidence of four prior incidences was insufficient to establish the requisite atmosphere of violence and, additionally, there was no duty to supply armed security in the parking lot.
- In a premises liability case, we filed a cross-claim on behalf of our client, one of the largest travel center operators in North America, against its co-defendant, a large freight and logistics company, seeking defense and indemnity pursuant to the terms of a construction contract. The client ultimately sought a declaratory judgment action against the insurer of its co-defendant and won, receiving $118,000 from the insurer for repayment of its attorney fees and expenses.
- Successfully reversed an adverse verdict against a convenience store client and obtained a favorable judgment holding that the plaintiff failed to show proximate causation and thus did not establish a premises liability claim against the store.
- Obtained summary judgment in favor of a fraternal lodge in a lawsuit alleging a dangerous condition existed in the entrance stairway.
- Obtained summary judgment in favor of a retail center in a lawsuit alleging a dangerous condition existed in the parking lot.
- Obtained summary judgment in favor of a laundromat owner in a lawsuit alleging inadequate security.
- Defend lawsuits involving work site accidents at commercial and major industrial locations, including claims of dangerous site conditions, allegedly defective equipment and machinery, and alleged toxic exposures.
