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Premises Liability

Social commentators are fond of using the term "litigious society" to describe the current legal environment for premises litigation. While there is some disagreement about how fair and accurate that characterization really is, there is little doubt that premises liability defense has become a topic of increasing concern for companies of all sizes and types. Achieving the most desirable outcome for a defendant company in such cases often hinges on the depth of experience and breadth of knowledge available to its legal defense team. Those attributes, along with access to a deep bench of attorneys experienced in a broad array of practice areas, are the strong points of LeClairRyan's team. 

Premises liability cases are often difficult to resolve for a variety of reasons. Factual and legal issues may be raised by latent injuries. There is a peculiar risk profile; settlement efforts can be complicated by problems related to future injuries and plaintiffs; conflict of interest is often inherent in collective litigation; and aggregating cases often presents challenges to the court system. Our attorneys have deep experience in dealing with all those issues and have brought that knowledge to bear in cases covering a wide spectrum of industries.

We have represented virtually all types of property owners and operators in premises liability and habitation cases ranging from the simple slip-and-falls on snow and ice to complicated premises accidents involving multiple defendants with various roles and relationships. We are adept at identifying our client’s specific role with regard to the premises or facility, gathering the contracts, leases, and insurance documents. We involve all necessary parties and sort out defense, indemnification and insurance issues and relationships.

Our representations have included the defense of the property owner in one of the most deadly nursing home fires (16 deaths) in United States history. We also serve as counsel for several major retailers and shopping center owners/operators with regard to premises litigation and other issues.