DRI的动态

Effective Defense Strategies in Premises Liability Cases: A Proactive Approach In the realm of premises liability defense, the strategy often hinges on a combination of early case assessment, liability shifting, and leveraging recent case law to mitigate exposure. Whether representing an insurance carrier or property owner, a proactive defense can make all the difference in achieving a favorable outcome. ?? Key Defense Strategies 1?? Challenge Duty & Notice: Establishing that the property owner did not owe a duty or had no prior notice of the alleged hazard is a powerful defense. Florida courts have consistently held that mere occurrence of an accident does not prove negligence. 2?? Comparative Fault: Demonstrating the plaintiff’s own negligence—such as distraction or failure to heed warnings—can significantly reduce liability under Florida’s modified comparative negligence standard (F.S. 768.81). 3?? Admissibility of Surveillance & Social Media: Recent case law supports using surveillance footage and social media posts to impeach claims of injury severity or ongoing impairment. Courts are increasingly allowing this evidence, reinforcing the importance of preserving digital and video records. 4?? Expert Testimony & Daubert Standard: Florida’s adherence to the Daubert standard (Fla. R. Evid. 90.702) means expert testimony must be scientifically valid and relevant. Effective cross-examination can exclude unsubstantiated expert opinions that attempt to overstate damages. ? Recent Case Spotlight: Florida Supreme Court Clarifies Open & Obvious Doctrine In Davis v. ABC Property Mgmt. (2024), the Florida Supreme Court reaffirmed that property owners are not liable for injuries caused by open and obvious hazards unless they create an unreasonable risk of harm. This case underscores the importance of arguing that a plaintiff’s awareness of a hazard can negate liability. ?? Takeaway A well-crafted defense in premises liability cases begins at intake. By leveraging strong factual investigation, aggressive discovery, and case law precedents, defense counsel can limit liability exposure and position cases for early dismissal or favorable settlement. What are your go-to defense strategies in premises liability cases? Let’s discuss! ? #PremisesLiability #InsuranceDefense #LitigationStrategy #CaseLaw #LegalInsights

???? Mintrel D. Martin is back with another Law Breakdown! If your car gets towed after an accident, don’t panic—follow these steps to stay on top of things: 1?? Document the damage: Before your car is moved, take clear, detailed photos from multiple angles. These can be crucial for your insurance claim and any legal proceedings. ?? 2?? Contact your insurance company: Let them know where your vehicle is being stored and ask about coverage for storage fees. It’s essential to stay ahead of any costs. ?? 3?? Reach out to the tow company: You’ll need to sign a waiver before your car can be relocated. Make sure to get all the necessary paperwork handled to avoid delays. ?? Being proactive can save you time, money, and stress after an accident! Need more help? Call The Martin Law Firm today! The Martin Law Firm Personal Injury Attorneys ?? Birmingham: (205) 801-6050 ?? Orlando: (407) 801-7709 ?? martinfirmllc.com #TheMartinLawFirm #LawBreakdown #BirminghamInjuryLawyer #OrlandoPersonalInjury #PersonalInjuryLawyer #CommercialVehicleAccident #AccidentAttorney #AlabamaLawFirm #FloridaLawFirm #BirminghamAttorney #OrlandoAttorney #InjuryAttorney #CarAccidentLawyer #KnowYourRights #LegalAdvice #JusticeForYou

We only practice law when someone gives us the opportunity to represent them. Speakers Danica Benbow Denny and Cayce Peterson on how to take those first steps

NEW YORK SHOULD ABOLISH JOINT AND SEVERAL LIABILITY AND START APPLYING A SYSTEM OF PRO RATA SHARE OF FAULT FOR NEGLIGENCE CASES LIKE IN FLORIDA Joint and several liabilities are inequitable because a defendant can potentially be held responsible for more than their portion of the fault. For this very reason, it leads to additional lawsuits for contributions from other defendants who were also at fault or for third-party defendants to be brought in pending lawsuits, which can cause many delays. While in Florida, each defendant is only liable for their percentage of fault without the need for defendants to sue each other for contribution or to bring third-party defendants in a pending lawsuit. Under what is known as the Fabre doctrine, the percentage of fault of a non-party will be included in the appointment of liability between all parties involved and included in the verdict sheet. The Fabre defendant will not be included in the final judgment because of due process considerations, so they will not actually have to pay anything, but the amount of the verdict will be reduced by the percentage of the fault that the jury apportioned to them. This scenario is particularly accommodating when a passenger of a vehicle involved in a car accident wants to sue the driver of another vehicle for negligence without bringing in the driver of the vehicle that they were a passenger in at the time of the car accident. This is usually because the driver of the vehicle that they were a passenger in at the time of the car accident is a family member or friend. In NY, if the driver of the vehicle that the plaintiff was a passenger in at the time of the car accident was even slightly at fault for causing the crash, the defendant will usually bring them in the lawsuit as a third-party defendant. With the Fabre doctrine, there is no need to bring them in. Their portion of liability will be taken into consideration without their presence. I remember countless times when clients of mine would tell me that they did not want to sue their family members or friends even if they were covered by insurance and were reluctant to file a lawsuit to keep them out of it. The Fabre doctrine eliminates those concerns completely. #justice #legal #newyorklawyer #attorneys #courts #attorneyatlaw #personalinjury #negligence #accidents #personalinjuryattorneys #injury #personalinjurylawfirm #personalinjurylaw #personalinjurylawyer #lawyersoflinkedin #legaladvice #caraccidents #slipandfalls #constructionaccidents #lawfirm #legaltips #attorneysoflinkedin #legalprofession #lawprofession #legalhelp #legalservices #attorneysatlaw #law

Builders and Remodelers: That Certificate of Liability Insurance your Subcontractor’s Insurance Company provided you may not cover your Company and the Insurance Company knows it! Builders and remodelers all know that when they are hiring a subcontractor, they need the subcontractor to provide them with a “Certificate of Liability Insurance.” What they often do not know, and the insurance company does, is that the insurance certificate you were provided might not protect your company in the event you need to make a claim. Insurance companies do it all the time, and they do it on purpose. And if you don’t know what to look for, you could have a serious problem if you have to make a claim… True Story: My client, a roofing company, we will call them ABC Roofing, signed a contract to put a new roof on a commercial building. ABC then contracted with a subcontractor to do the roof. ABC required the subcontractor to provide a Certificate of Liability Insurance, which they did, with ABC Roofing printed right on the bottom of the certificate under the heading “Certificate Holder.” Both contractors were not aware that the roof on the building had leaked for years and the substructure was in bad shape. On the first day of work a section of the roof collapsed. Luckily, no one was injured or killed. The Owner of the building made a claim to his insurance company for nearly $200,000 to put a new roof on the building Two years later, the Owner’s insurance company filed a suit against ABC to recover the money they paid to the Owner. Its what the insurance industry calls “subrogation.” The Subcontractor iwas no longer in business. ABC figured this would not be a problem because he had obtained a Certificate of Liability Insurance from the Subcontractor. However the Subcontractor’s insurance company declined the claim. The reason for their denial? The Certificate of Liability Insurance provided by the Subcontractor’s insurance company named ABC Roofing as a “CERTIFICATE HOLDER.” ?What the Certificate did not do was name ABC Roofing as an “additional insured.” Insurance companies do this all the time, hoping the contractor is unaware of the difference between a “certificate holder” and an “additional insured.” So, after being denied coverage by the subcontractor’s insurer, ?ABC went to his own insurance company, who he had been paying insurance premiums to for years. And guess what his insurance company told him? That’s right! They denied the claim because ABC was supposed to be covered by the Subcontractor’s insurance company. If you want to know how the story ends, give me a call. But more importantly, if you have not talked to a lawyer who specializes in construction law, give me a call. I will be pleased to review all of your contracts and make sure you are protected. You can reach me at (717) 975-7799 or check out my web site at www.steveonyourside.com

My June Tips will be for those in the Legal Industry ?? As most law firms already know that it is very important to have significant Malpractice Insurance Coverage for their attorneys and firm. Whether you are a solo attorney with your own practice or a large law firm with 50+ attorneys, having significant Legal Malpractice (aka Lawyers Professional Liability) insurance is very important. As my tip indicates, most of these policies are written on a "Claims-Made" basis so a law firm should check on having Prior Acts Coverage for covered acts and claims that may not show up within the year or from past years. We have helped many law firms in the Tri-state area with obtaining Lawyers Malpractice insurance - even excess limits of $2MM, $5MM, or $10MM if needed. Feel free to reach out to me and my team at World on your Lawyers Malpractice insurance today for a free consultation and review of your current policy: [email protected] (646) 494-1450. Headshot in post: Sherri Phillips & Brett Deutsch, Deutsch Photography, Inc. Like my content? Don't forget to Follow my hashtag: #ivegotyoucovered Ring the Bell ?? on my profile Simply Click the Follow Me Button Monica Liang-Allen 梁藝瑩 | World Insurance Associates LLC #lawyersmalpractice #lawfirms #attorneys #professionalliability

? ???? “He knows the laws and definitely puts his clients first and gets the settlement they deserve." - Soraya T. ?? After a car crash, you need a personal injury attorney who not only understands how insurance companies operate but also prioritizes your mental, physical, and emotional health, and recovery. I was trained by the insurance companies before I started my own personal injury law firm 10 years ago. I use my 20+ years of insider experience to represent injured people and I stand by our slogan: ?? Insider Knowledge, Outstanding Results. ???? Contact the Sandel Law Firm today and let us empower you on your journey towards recovery. Get Strong...Sandel Strong. Visit https://www.sandellaw.com for a FREE CONSULTATION. At the Sandel Law Firm, there is no cost to discuss your case with an experienced attorney. I offer a free initial consultation to explain your rights and answer your questions. Call 330-666-2889 (ATTY) in Akron or 440-772-1000 in Cleveland. Sandel Law Firm. Insider Knowledge, Outstanding Results. #sandellaw #sandellawfirm #insiderknowledge #outstandingresults #personalinjuryattorney #sandelstrong

?? SIX FIGURE SETTLEMENT ALERT?? Managing Attorney Tony Colyer, Executive Assistant & Paralegal Debora Garcia, and Prelitigation Manager Marissa Brown were successful in collecting POLICY LIMITS from 3 separate insurance companies for a Harrodsburg couple injured in a Christian County motor vehicle collision on Interstate 24. This resolution resulted in a SIX FIGURE settlement for each client. The car accident and the resulting injuries resulted in complex questions regarding insurance coverages available for these clients. Tony and his team utilized their extensive experience, particularly in insurance defense, to discover and recover all of the coverages to compensate these clients for their serious and debilitating injuries. Did you know that all of the attorneys at Colyer Law Firm have a background in insurance defense? What this means is that each attorney used to work for the insurance company, and they and their teams are uniquely trained to maximize recovery for their Colyer Law Firm clients. Injured in a car wreck and want to protect your rights and compensation? CALL YOUR LAW FIRM, the COL-YER LAW FIRM, today to schedule a free consultation. ?? 502.736.8141 | ?? ColyerLawFirm.com #Harrodsburg #6figuresettlement #personalinjurylawyer #louisvillelawyer #colyerlawfirm #callyourlawfirm #settlementalert #chrsitiancountyky

?? Don't Miss the DRI's 2024 Insurance Bad Faith and Extra-Contractual Liability Seminar! ?? ?? Date: Wednesday, June 12th - Friday, June 14th ?? Location: Nashville, Tennessee We're excited to invite you to an insightful program titled "The Role of ADR and Mediation in Bad Faith Disputes: Consideration of Ethical Issues Surrounding Defense Counsel and Eroding Limit Policies." ??? Date: Thursday, June 13, 2024 ?? Time: 03:30 PM - 04:30 PM (CDT) Speakers: ?? Hon. Charles N. Clevert, Jr. (Ret.), JAMS Neutral ?? Cassandra S. Franklin, JAMS Neutral ?? Jeff Kichaven, Jeff Kichaven Commercial Mediation ?? Rebekah Ratliff, JAMS Neutral This panel discussion will delve into the #ethical issues surrounding the tripartite relationship in bad faith #settlement discussions. Key topics include the relative obligations and duties between the carrier, the insured, the carrier-appointed defense counsel, and the third-party claimant, especially when defense costs erode the policy limits. Join us for this crucial conversation and gain valuable insights into the complexities of ADR and #mediation in bad faith disputes. ?? Register now to secure your spot and network with industry leaders! https://lnkd.in/gNf-CpMC #adr #alternativedisputeresolution #disputeresolution #insurance #badfaith #arbitration #law #legal #legaleduction #lawyers #nashville

??Celebrating Rebecca Valentina “Tina” Aroca's 5-years at QPWB?? Rebecca focuses her practice on insurance defense litigation, representing businesses, self-insured organizations, and professionals in civil matters involving general liability, first-party property claims, automobile negligence, premises liability, negligent security, personal injury defense, wrongful death cases, and dram shop issues. Rebecca shares, "The ability to select my own team and try out different litigation styles and strategies has improved our trial practice. It means being able to try cases outside our hub, and even outside our state. Being DIFFERENT means having the flexibility to network and expand our client base as much or as little as each attorney wants." Thank you, Rebecca, for your insights and contributions to a firm where it's truly "all about DIFFERENT." Your dedication to bringing a DIFFERENT approach to how we serve our clients today and into the future does not go unnoticed! Learn more about Rebecca's practice here: https://lnkd.in/e-cFkrRd #QPWBdifferent #QPWBattorney #5YearAnniversary #DifferenceMaker #InsuranceDefense #CivilLitigation #LegalExcellence #ClientFocused #InnovativeLaw #TrialLawyer