Ethical Yet Aggressive Premises Liability Defense Services
Our attorneys at Hunt Hunt & Winterbottom LLP have extensive experience representing commercial landlords and real estate owners. We understand the complexities and responsibilities that come with property ownership. Allegations of negligence can pose serious and costly threats to your business. As premises liability counsel, we provide assertive, competitive, and determined defense litigation. Serving Orange County and Philadelphia, Hunt Hunt & Winterbottom LLP focuses on achieving favorable solutions efficiently.
We bring a unique blend of attention to detail and unwavering determination to every case. We understand that every premises liability claim, whether it involves commercial premises liability or a private residence, requires a tailored approach. Our primary goal is to protect our clients from unjust liability and to minimize financial loss, all while maintaining the highest ethical standards.
Slip-And-Fall Claim Defense
Slip-and-fall claims are one of the most common premises liability cases. Property owners can be held liable for accidents caused by a dangerous condition on their premises if they knew about or should have known about it and failed to fix it. Our lawyers are adept at identifying and challenging the basis of these claims. We scrutinize every issue to build a strong affirmative defense.
Our approach is zealous. We do not hesitate to gather all necessary evidence, interview witnesses, and consult with experts to disprove the claim. We aim to show that either the property owner took reasonable steps to prevent the accident or that the plaintiff was responsible for their own injuries. We strive to protect you from unjust liability and minimize financial loss.
In defending slip-and-fall claims, we meticulously examine the circumstances surrounding the accident. We look for evidence that the property owner had no prior knowledge of the dangerous condition or that the condition was so obvious that the injured party should have taken steps to avoid it.
Defense for Other Types of Premises Liability Claims
Premises liability encompasses other incidents aside from slip-and-falls. Our legal team at Hunt Hunt & Winterbottom LLP also provides civil defense against other claims, including:
- Negligent security
- Swimming pool accidents
- Floor or deck collapse
- Falling objects
- Inadequate maintenance
We bring a competitive spirit and a drive to win to each case. We understand the nuances of various allegations and work tirelessly to protect our clients’ interests. In cases involving negligent security, for example, our team examines whether the property owner provided adequate lighting, security personnel, and surveillance. For swimming pool accidents, we will investigate whether safety measures were in place. In instances of floor or deck collapse, we will look into maintenance records and construction standards. Each defense addresses the specific allegations and is designed to protect you, the property owner, from liability. We understand the legal needs of property owners and do not waste time or energy on excesses that run up a client’s bill.
Frequently Asked Questions About Premises Liability
Premises liability claims raise complex legal and financial questions. Below, we address the most common concerns from businesses and property owners facing these claims.
What immediate steps should a business take following a slip-and-fall or injury claim?
Take action immediately to protect your position. The steps you take in the first 24 to 48 hours can shape the outcome of any claim. Here is what to prioritize right away:
- Preserve surveillance footage: Secure and back up video recordings of the incident before the system overwrites them
- Document the scene: Photograph the area and conditions as soon as possible
- Collect witness information: Gather names and contact details from anyone who observed the incident
- File an internal incident report: Record all relevant details in writing on the day of the event
- Notify your insurer: Report the claim promptly to avoid coverage complications
Acting fast limits your exposure and builds a stronger defense from the start.
What if the injured person was partially or fully at fault for the accident?
The injured party’s own negligence can reduce or eliminate your liability. Both California and Pennsylvania recognize comparative fault doctrines that directly affect how courts allocate damages.
California follows a pure comparative negligence standard, where a court reduces the plaintiff’s recovery in proportion to their share of fault. Even if you bear some responsibility, the plaintiff’s damages decrease by their percentage of fault.
Pennsylvania, on the other hand, applies a modified comparative negligence rule. A plaintiff who bears more than 50% of the fault cannot recover damages at all. Establishing the claimant’s role in causing the accident is a pivotal part of any defense strategy in both states.
What evidence is most critical for defending against an inadequate maintenance claim?
Documentary and physical evidence win these cases. Gathering the right materials early gives you a significant advantage. The most critical evidence typically includes:
- Maintenance logs and inspection records
- Work orders and repair histories
- Surveillance footage from the date of the incident
- Photographs of the property condition
- Professional testimony on industry maintenance standards
- Vendor and contractor service agreements
Maintenance records, surveillance footage and professional testimony carry the most weight in inadequate maintenance claims and often prove decisive at trial.
Consult an Irvine or Philadelphia Premises Liability Lawyer About Your Rights
If you are facing a premises liability claim, don’t wait. Complete the online form or call us at 949-617-0000 for the Irvine office or 215-488-1776 for our Philadelphia office. We can provide you with the strong defense you deserve.