Gilbert, Kelly, Crowley & Jennett LLP

Unfair Claims/Coverage

Workers' Compensation

GKC&J offers a skilled and experienced team of trial lawyers to handle any type of litigation arising from injury alleged to have been sustained due to a dangerous condition on property. Specializing in the defense of owners and lessors of property as well as designers and builders, we have long felt that the peculiar issues presented in such cases warrant focused attention. Consequently, at GKC&J, we have a dedicated team of lawyers readily familiar with Premises Liability law to formulate a defense plan as well as creative and economical alternatives to litigation.

Partners Paul Bigley and Jon Tisdale manage the Premises Liability Practice Section. Both have successfully tried, arbitrated and resolved numerous premises cases. They feel that it is essential to recognize the unique issues raised in such matters and not to treat premises cases like "any other tort case."

Our perspective is that the unique burdens of proof applicable to premises cases are the key to a successful defense: "Anyone can look back in retrospect at a particular condition and imagine how an injury could conceivably result. However, that is not the test. Plaintiffs have the burden of proving not only that a particular condition was dangerous, but that it was unreasonably dangerous and that the owner/occupant had notice of it and an opportunity to correct it. This also raises the ever-present issue of plaintiff's comparative negligence; in other words, if defendant should have seen it, then why didn't plaintiff?"

Finally, GKC&J's Premises Liability Practice Section not only can aggressively defend your premises case after injury has resulted, but it can assist your business in formulating policies and procedures to prevent injury and increase the likelihood of a successful defense in the event of accidental injury.

For information, contact the following:

Jon H. Tisdale			jht@gilbertkelly.com

Paul A. Bigley			pab@gilbertkelly.com