Protect Your Company From Wrongful Death Claims
At ASB Legal, we work with clients from many industries, including oil and gas companies, large hospital systems and pipeline operators. No company is immune from fatal accidents occurring in their workplace or through the negligence of their employees. For small to mid-sized companies, losing a wrongful death lawsuit could mean the end of your business. And all defendants in wrongful death cases lose money, organizational focus and community reputation if their cases are handled poorly.
Each of our attorneys is an experienced commercial litigator who builds long-term relationships with clients. Together, our legal team has the experience to handle wrongful death defenses, which require intensive examination of evidence and exploration of appropriate defense strategies.
Building Defense Strategies For Wrongful Death Clients
Fatalities in a workplace or that happen in conjunction with an organization conducting its day-to-day business are not automatically wrongful deaths. Like most civil lawsuits, a defendant must have a duty to the plaintiff, must have breached that duty through negligence, and must be the cause of the damages being requested.
When we take your case, we will search for evidence or testimony that can allow defenses such as:
Engaging in unlawful activity
Missing the statute of limitations for filing the suit
A release agreement or some other assumption of risk
Self-defense on the part of the company’s representative
Comparative negligence, where the deceased was partially at fault for their accident
In addition to discussing the defense strategies to employ during settlement talks or trial, our lawyers can also review your insurance coverage and discuss under what policies such a loss might be covered.
Defending Against Premises Liability Lawsuits
Having a visitor or other individual sustain a severe injury on your company’s property is more than just a public relations issue – it can be a legal nightmare. Premises liability lawsuits allow plaintiffs to sue for economic damages such as medical bills, as well as noneconomic damages such as pain and suffering.
ASB Legal understands the financial burdens that commercial litigation places on your company. Our lawyers have the experience needed to examine the evidence and represent you with clear, cogent analyses of the legal matters at stake. This can lead to earlier resolutions and better outcomes for you.
Understanding Your Duty To Warn And Your Liability
In general, premises liability lawsuits are based on the following:
A visitor was injured as a result of your negligence.
A danger existed on a property you own or manage.
You were aware of the danger or should have been aware of it.
You did nothing to warn or protect visitors to your property of the hazard.
The Texas Supreme Court has ruled that if an invitee (a visitor explicitly invited to be there) is aware of a potential hazard, the property owner is relieved of their duty to warn the person of the danger. Additionally, court rulings have established that if a danger is considered open and obvious, a property owner has no duty to warn or correct the hazard.
The factors in each premises liability case are unique. Our attorneys perform well in the courtroom because they have decades of collective litigation experience: They know how to construct robust defense strategies that challenge the validity of the lawsuit itself.
Premier Product Liability Representation
Our lawyers have experience in a broad range of product liability matters. Alvarez Stauffer Bremer PLLC routinely represents product liability clients in commercial and general litigation across a multitude of industries and product lines, including:
Industrial and manufacturing equipment
Automotive and truck equipment, components and tires
Consumer product manufacturers
Power and hand tools
When product liability issues threaten to impact your bottom line, call on our firm to provide comprehensive legal representation and advocacy.