Premises liability claims involve allegations that an apartment owner or management was negligent in failing to keep the resident safe from unreasonably dangerous conditions.
Examples of such claims are trip and fall injuries, mold exposure, or injuries caused by third party criminal conduct (known as negligent security cases).
While such lawsuits are often referred by the liability insurer to its regular insurance defense counsel, we are often asked to defend our clients (with approval of the insurer). Often, the apartment owner and management have a significant deductible which must be paid before the insurer is obligated to pay for the cost of hiring an attorney to defend the claim.
Cases involving mold exposure claims are usually not covered by insurance and involve complex scientific, medical, and expert evidence. Negligent security claims by a tenant injured or attacked by criminals in or near the apartment community involve high stakes litigation and complex evidentiary issues.
Sometimes, a dispute develops between the client and the insurance company regarding whether the insurance policy offers coverage for some or all of the claims. This adds to the complexity of resolving these difficult litigation cases. Other times, our clients ask us to represent them in conjunction with defense counsel hired by the insurance company, and we assist in defending the case by providing knowledge and information on apartment management policies and procedures.
To discuss your needs, please contact us online or call us at 404.633.5114.