Criminal negligence in commercial real estate
Paths begin to cross in legal fields when there is an injury that occurs as a result of negligence on a commercial property. This isn’t about slip and fall claims, but about pursuing criminal negligence in everything from work related accidents to fire hazards and unsafe construction areas. If you are bringing a case of criminal negligence to court there are several things that you have to look at to make sure you have solid ground.
Look at the client
During your free consultation you can’t let the perception of a client’s pain and suffering, and desire for compensation blind you to the realities of the viability of the case. Review the insurance claims findings carefully. You are going to be looking for any indication that the client assumed liability for their bodily safety or property by entering onto the location. When you are looking at commercial leases, many now include a clause indemnifying the property owners from liability due to a clause requiring the rental business to carry their own insurance. This may severely limit the ability of the client to name the owner as a plaintiff in the case. You also want to make sure that there is reasonable claim after an injury settlement. The courts do not favor frivolous lawsuits, or lawsuits that are determined to be based out of greed.
Look at yourself
To prove criminal negligence you have to have the resources to conduct the appropriate investigation. This not only means time, but staff and equipment. One of the best experts to have on your side is an industry professional who can provide a qualified examination of the risk of the property. To do this you will need unbiased visual documentation at the most, and qualified witnesses to the condition of the property prior to the incident at the least. The goal is to make sure that you can create a visualization of the state before the incident. Trying to prove what a condition was like before it was repaired is going to be a hard sell without documentation.
Bringing it all together
With criminal negligence you may be closing the door to a settlement and your client has to be prepared for that fact. If the business has a public reputation to preserve, the filing of the case may result in an invitation to the table. If there is no public façade, then they may be more inclined to meet in the courtroom. Get in touch with Immigration Lawyers or Criminal Lawyers for more info.