Liability & Insurance Litigation 2018-02-01T03:26:33+00:00

General Liability: Our liability experience covers a wide range of areas including vehicular liability, property damage liability, general torts, and an array of business liability, and insurance litigation. The lawyers at the Stroud Fenner Law Firm have over 20 years of trial experience, a great deal of which was spent representing the types of companies you may be facing in your personal injury claim. We know how they work and how to best counter their defenses.

Premises Liability:  Federal, state, and local laws generally require property owners to keep their property reasonably safe, particularly when the public is invited onto their property.  A property owner, such as a retail store, for example, may have a duty to protect their patrons from conditions that may harm visitors on their property.  Business owners can be held responsible for injuries sustained because of:

  • Building code violations
  • Preventable slips and falls
  • Improper maintenance
  • Poor lighting
  • An attractive nuisance (e.g. unfenced pool)
  • Unsafe landscaping
  • Defective wiring
  • Fires

When a person or a company is negligent in the upkeep of their premises and you are injured as a result, there is no reason you should have to suffer the financial repercussions. Call the Stroud Fenner Law Firm so that we can help you recover the compensation you deserve.

Product Liability: Far too often are we seeing recalls on numerous products in the market –  from meat to toys and car seats; to pet food and other products that are advertised to be manufactured with adherence to the highest of quality standards.  Sometimes these products are being pulled from the shelves because of the harm they pose to the public and your family.

If you or a loved one was hurt because of a defective product, you may have legal recourse.  A defective product case may arise because:

  • A product was improperly labeled,
  • A product contained a manufacturing or design defect,
  • Ignorance of a recalled product,
  • A product that did not properly list its hazards, or
  • Prescription medications with dangerous side effects

Trucking and Transportation Liability:  If you or a loved one was seriously injured due to an accident involving a tractor trailer or other commercial vehicle and the other driver was at fault, then, in addition to a case against the driver, you may also have a claim against the company that owns the truck, that employs the driver, or that contributes to the vehicle’s operation. The company’s liability to you is called vicarious liability.

Vicarious liability is grounded in the idea that employers have the responsibility to maintain control the actions of their employees when they are working for them. If the failure to do so results in the harm of another, then the company may also liable for those injuries.

Some examples of vicarious liability include:

  • Driver fatigue that is the result violating of hours of service rules
  • Driving while impaired by drugs, alcohol, or mental illness
  • Driving in violation of local ordinances such as speeding or tailgating
  • Driving aggressively or distractedly
  • Careless or improper weight loading
  • Failing to perform regular and pre-trip inspections or truck maintenance
  • Other FMCSA regulation violations

Insurance Litigation: Insurance companies have the legal responsibility to act in good faith towards people they insure. This means insurers should act fairly and should not attempt to deny legitimate claims. Doing so can have legal consequences and may leave the insurer vulnerable to litigation.

Examples of bad faith practices:

  • Claiming to have never received important documentation
  • Maintaining that a legitimate claim is not covered under your policy
  • Requiring unnecessary documentation in order to process a claim
  • Failing to properly process a legitimate claim for insurance coverage
  • Paying only partial benefits when full coverage is listed in the policy
  • Wrongfully denying a legitimate insurance claim
  • Delaying or obstructing an insurance claim
  • Low balling a settlement offer or insurance payout

If you believe your insurance company is acting in bad faith, contact the Stroud Fenner Law Firm as soon as possible so that your rights are protected.

Construction Site Liability:

Many constructions related lawsuits arise out of construction defects – such as flaws in the design, poor quality materials, poor quality workmanship and unsafe means and methods of performing the construction.  It is not hard to see that failures in the construction process can result in accidents and, therefore, injuries to workers and third parties who visit (or just happen upon) a construction site.  The Stroud Fenner Law Firm has represented contractors who have been sued over injuries sustained on construction sites and understand the special issues that are involved.  Our litigation experience in this area has included, claims involving injuries cause by construction equipment, including backhoes, deficient scaffolding, falls and uncovered holes, among others.   If you or a loved one has been injured on a construction site, call the Stroud Fenner Law Firm for a free evaluation of your claim.