Skip to main content

PREMISES LIABILITY CASE-IF COMPLAINT CONTAINS CAUSES OF ACTION FOR ADDITIONAL RELATED TORTS WOULD THE DEFENDANT NEED 2 LAW FIRMS

Los Angeles, CA |

A PREMISES LIABILITY COMPLAINT CONTAINS CAUSES OF ACTION FOR THE PERSONAL INJURY TO PLAINTIFF AND RELATED CAUSES OF ACTION BUT NOT EXPRESSLY PREMISES LIABILITY. DEFENDANT HAS THE LAW FOR THE INSURANCE CO FOR PREMISES LIABILITY, BUT WOULD THEY DEFEND THE MISCONDUCT OF THE DEFENDANT IN THE OTHER CAUSES OF ACTION IN THE COMPLAINT....OR WOULD THE DEFENDANT HAVE TO RETAIN SEPARATE COUNSEL.?? THE OTHER CAUSES OF ACTION HAVE TO DO WITH THE DEFENDANT-LANDLORD USING THE RENT AGREEMENT IN 2 FRAUDULENT OR DECEITFUL WAYS, PRIOR TO THE TRIP AND FALL ACCIDENT. THANK YOU VERY MUCH.

+ Read More

Attorney answers 6

Posted

The only way a separate attorney is needed is if any of the allegations are not covered by the insurance policy, exposing the landlord to personal liability. If not, then the insurance company should be able to handle the entire defense.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

Not likely, except if there are two different insurance carriers.

Posted

Appear to me the actions would be severed, upon proper application. Coverage issues I defer to others; and to terms of policy.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Posted

Unlikely.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Provided there is one carrier for the insurance policy, then no, the defendant should not require separate lawyers. If the defendant has allegations brought against him that may make him personally liable, then a second attorney may be required. If all allegations pertain to items covered by the insurance policy, then one attorney should be sufficient.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

Assuming the LL has insurance coverage, a routine slip and fall would be covered and his insurance company would appoint counsel for him/her to defend the case. Not enough information in your question about the other claims of "fraud," etc. but if they are related to the actual slip and fall, the insurance company might defend without a problem or, they would defend, subject to a reservation of rights so that the defense is not split. Based on the limited information you provide, it is unclear if the "other claims" are simply a garden variety negligence issue or something that has no bearing on the premises liability issue. It is possible that if the separate claims you assert are NOT covered, that the LL would have to retain separate counsel to be paid out of his/her own pocket but based on the limited info you have provided, it's not clear.

Because every legal situation is different and depends on many factors, the responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Such a relationship is only created when our firm and any potential client agree upon and enter into a written retainer agreement.

Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer