Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about how to win the often difficult Premises Liability cases.
Discussed in this Episode:
Determining which cases are worth taking
Are the damages worth the risk?
What information to assemble
Exfoliation letter and witnesses
Credibility is critical
Determining Which Cases are Worth Taking
There are three types of premises liability cases. An example of type one is a slip in a grocery store which often means there is a 3rd party involved. Type two is directly due to the owner of the premises not keeping up with maintenance or putting others in harm’s way. The third type is where the defendant did something that led to the hazard.
Are the Damages Worth the Risk?
When approaching a premises liability case it’s important to assume that all cases will go to trial. Is there enough to warrant all of the time and resources that may be needed to see this case to the finish. For Zinda Law Group they tend to not take cases until they reach a certain dollar threshold or damages.
What Information to Assemble
Once you’ve decided to take on the case, you’ll want to begin assembling information. That includes large things like maintenance violations to small things like what shoes the defendant was wearing. Sometimes something as small as one glass of wine and flip-flops may be enough to put doubt in the jury’s mind.
Exfoliation Letter and Witnesses
Send an exfoliation letter as soon as possible. If you are able to get video evidence you may know immediately if a case is worth pursuing. If the defense is hesitant to give you video footage, it may be a sign that they’re liable. Getting witness testimony is another way to find leverage against the defendant if they are being stingy about video evidence.
Credibility is Crucial
Even if all of the evidence points toward liability of the defense, you still need to make sure that the client is able to play their part in the process. A client with a complicated criminal past will undoubtedly have a more difficult time than the eagle scout.
You can reach Jack at:
jack@zindalaw.com
512-246-2224