Construction Defect & Water Restoration
LLF attorneys successfully defended our contractor client in a construction case involving an allegedly defective pipe joint that failed and resulted in flooding to a medical facility. After obtaining a favorable settlement, we filed a subrogation suit against the insurance broker based on an erroneously issued certificate of insurance. We successfully recouped a large portion of the funds paid out on the original settlement in the subrogation suit against the subcontractor, its broker and the various insurance companies involved.
Maritime: Plug & Abandonment Operations
In the complex world of maritime law, the litigation process can be costly and drawn out for both plaintiffs and defendants as the parties sort through the chain of command amongst oilfield contractors. Early investigation and a proactive approach are key to managing costs and exposure for our clients. In a recent case involving plus and abandonment (“P&A”) operations, our maritime attorneys secured an early dismissal of an oilfield service company despite the fact that the company’s employee allegedly operated the hydraulic swivel involved in the accident. Our client was pulled into the litigation by an allegation of a defective swivel that plaintiff intended to use to affix a pup joint to a work string during inclement weather on an offshore platform. Because an early investigation revealed that plaintiff was injured while manually carrying the pipe before he reached the swivel, the defect allegation was a mere red herring and had no bearing on the cause of the accident. Once plaintiff admitted that our client had no control over the decision to manually transport the pipe during bad weather, the court dismissed plaintiff’s claims against our client.
Our firm has been retained to represent clients in a wide variety of settings for premises liability including wrongful death actions at a landfill, claims for property damage related to a fire at a commercial mechanic shop, as well as personal injuries related to a falling light fixture at a convention center. Such cases involve complex issues from contractual disputes to questions surrounding medical causation, all of which our attorneys handle with the highest level of expertise and a proactive approach to a fast and efficient resolution.
Premises Liability: Gas Station
Our attorneys successfully defended an oil company against a law student claiming injuries caused by synthetic marijuana purchased at a branded gas station. Plaintiff maintained that he experienced a psychotic break after smoking the product one night and burned his hands off on his apartment stove. A thorough investigation revealed that plaintiff had exceeded his ADHD medication dosage that day. Our ability to expose these issues with medical causation procured an excellent result for our client in the form of a nominal settlement.
Premises Liability: Bar & Taverns
The risks posed when operating a tavern are many and require an astute understanding of the duties owed by an operator and guests-some of which may be under the influence of alcohol. Our firm has seen great success in defending tavern owners and when appropriate, securing favorable settlements and early dismissal of claims. Representative cases include successfully defending a claim of sexual assault brought by an underage patron against the bar owner as a result of the criminal acts of a third party patron. In another case involving an assault by one patron upon an employee of the subject bar, the bar owner faced an incidental demand filed by the patron who, as it turned out, started the altercation. Our thorough investigation revealed criminal charges which resulted in the plaintiff/patron pleading his Fifth Amendment privilege during his deposition and thereafter, a favorable settlement for our client.
Premises Liability: Apartment Complex
The liability of an apartment complex owner can be far-reaching. Whether a claim involves the criminal act of a third party on the premises or a defective railing, our attorneys have extensive experience with a wide variety of claims. Recently, our firm successfully defended an apartment complex owner against a personal injury claim brought by a resident of the apartment complex arising out of a fall from her second-floor balcony. While plaintiff claimed she fell because the balcony railing came loose, her demand for over $300,000, was drastically reduced when our attorney located a witness to confirm that plaintiff caused the accident. Plaintiff’s counsel withdrew shortly after our discovery and we settled for the cost of a dispositive motion. A similar result was reached with respect to a claim brought by a resident of the insured apartment complex against the owner arising out of an alleged fall in the complex parking lot. Again, a thorough investigation conducted early during the litigation process called into question the cause of the accident, resulting in a fast and favorable settlement for our client.