Premises Liability

Kubicki Draper is frequently called upon to evaluate and defend claims in the legal arena known as Premises Liability. Claims and lawsuits related to Premises Liability arise in many different environments from hotels, restaurants and stores, to public parks, recreation areas and construction sites. Defending these claims requires the retention of attorneys who know and understand the myriad of defenses that can be raised to provide the best defense possible. This includes determining the legal status of the Claimant or Plaintiff on the insured’s property, the legal issues regarding whether the property was owned by the insured or controlled by a third-party. In addition, the attorney must know the most effective way of establishing the proper duty of care to undermine or defeat a negligence claim. Kubicki Draper’s lawyers are well versed in all of these areas to provide the best possible defense in any premises liability claim. In addition and where applicable, Kubicki Draper’s lawyers will assert collateral defenses which can be utilized in a premises liability claim to shift liability to a co-defendant or to a third party to establish contractual indemnity, common law indemnity and/or contribution to limit or eliminate exposure to the named insured. Kubicki Draper aggressively defends Premises Liability claims and in all instances will take the necessary steps to present the case at a favorable resolution at mediation. However, if a case cannot be resolved through negotiation, Kubicki Draper will utilize targeted defensive pleadings, such as Motions for Summary Judgment in an effort to eliminate liability in advance of Trial. The firm’s broad based knowledge on premises liability law and its ability to litigation a case through Trial enables Kubicki Draper to provide the best possible defense to your insureds in a premises liability claim.

• Acts of Negligent Third Parties
• Airport / Aviation Facilities
• Defects on the Premises
• Elevator, Escalator and Moving Sidewalk Injuries
• Falling Objects
• Lack of Effective Warning Signs
• Massage Parlors
• Negligence or Improper Maintenance of the Premises
• Negligent Security
• Slip and Falls
• Tour Operations