How To Choose A Premises Liability Lawyer (2023)

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If you are hurt on someone else’s property, you have legal rights. Premises liability law governs cases arising from injuries on property, and you should make sure you have a premises liability lawyer representing your interests.

How can you find a premises liability lawyer with the skills and experience necessary to handle your claim and maximize the compensation available to you for your losses? This guide explains everything you need to know to help.

Tips for Finding the Best Premises Liability Lawyer

Choosing the best premises liability lawyer starts with knowing where to look. These tips enable you to get started in your search and to evaluate possible attorneys.


(Video) Choosing a Premises Liability Attorney | Virginia Premises Liability Lawyers

Tap Into Your Network for Referrals

Chances are good you or someone in your network has worked with a lawyer before to help with some type of legal issues. Start by reaching out to attorneys you know and asking them for a referral to a premises liability lawyer they trust.

You can also check with professional attorney organizations, including your local bar association, to see which premises liability lawyers they recommend in your area.

Learn How Your Attorney’s Fee Structure

It’s important to know how legal fees work when you choose a premises liability lawyer. You need to make sure you’re comfortable with the payment structure you are agreeing to.

In most cases, attorneys representing clients with these types of claims charge on a contingent fee basis. With a contingent fee payment structure, the attorney’s payment is conditioned on the outcome of the case. If you don’t recover compensation, you don’t owe legal fees. If your lawyer does help you get payment for your losses, you pay your attorney a percentage of what you recover.

Even when you enter into a contingent fee arrangement, you may still have to pay actual costs incurred during your case, though. For example, you might be responsible for fees for expert witnesses or your attorney’s travel costs or court filing fees. Find out up front if you will be responsible for these expenses regardless of your case outcome so you won’t face unpleasant financial surprises.

Make Sure Your Lawyer Has Experience With Premises Liability Law

Premises liability is a specific body of law with many complex rules. You need an attorney who knows the ins and outs of these kinds of claims.

There are different kinds of claims that could arise under premises liability law. For example, you may make a claim for a slip and fall, an injury on someone’s trampoline, swimming pool-related injuries, food poisoning or a host of other situations—and any or all of these claims could be resolved under premises liability law. So, you’ll need to make sure your lawyer has familiarity with claims similar to yours.

(Video) Choosing a Premises Liability Attorney | Frederick J. Harrison, P.C.

It’s a good idea to check with potential attorneys and make sure they have represented clients whose cases were resolved in settlements but also clients whose cases went to court. That way, if you can’t settle your case, you can be confident that your premises liability lawyer has the experience to represent you during a civil trial.

Why You Need a Premises Liability Lawyer

Choosing the right premises liability lawyer is very important because of the invaluable assistance your attorney provides you when you are hurt on someone’s property. Here are some of the ways your attorney can help you.

Identify All Possible Defendants

There may be multiple parties responsible for covering your losses. For example, you might be able to sue the owner of a store as well as the company who owns the building for your injuries, depending on the circumstances of your case.

Your attorney can assist you in identifying all of the individuals, businesses or other entities that are responsible for compensating you. The more potential defendants, the greater the chances there will be sufficient insurance coverage to pay for all your losses.

Understand Your Status on the Property

One of the key factors in most premises liability claims is what your status was on the property. In general, under premises liability law, visitors to a property are classified in one of three categories:

  • Invitees are invited onto the property primarily for the benefit of the property owner. This could include customers to a store. They are owed the highest duty of care by the property owner or occupier.
  • Licensees are invited onto the property for the mutual benefit of the licensee and the property owner/occupier. An example would be a friend who is invited over for lunch. Property owners owe them a reasonable duty of care.
  • Trespassers come onto the property uninvited. Property owners have no duty of care other than avoiding gross negligence.

You need to establish what your status was and which duty was owed to you so you can prove the property owner or occupier was negligent and should be held liable for your losses. A premises liability lawyer will help you to do that.


(Video) Choosing The Right Premises Liability Lawyer | Wyoming Attorney

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Assist in Settlement Negotiations

Many premises liability claims are resolved through settlement when the property owner’s insurer accepts responsibility for the incident and makes an offer to pay a lump sum of money. You’ll have to decide whether or not to accept a settlement offer, though, as once you settle, you can’t change your mind and try to get more money.

Your lawyer can help negotiate a settlement to maximize the chances you’ll be awarded enough money to resolve your case without the added stress and time associated with court proceedings. If you cannot settle, though, your premises liability lawyer will need to be able to represent you in a trial and present convincing evidence to prove your claim.

How to Interview a Premises Liability Lawyer

Interviewing a premises liability lawyer helps you choose the right attorney. You should find out:

  • How your case will be handled. Will your lawyer personally oversee most steps of the process or will paralegals and associates take care of the majority of the work?
  • Are you comfortable communicating with your lawyer? You’ll need to be open with them and share details of your fall and the resulting damages. You’ll want to make sure your attorney keeps you updated on the case and is willing to answer your questions in a way you can understand

By taking the time to evaluate whether you trust a potential attorney to advocate for you, you can make the most informed choice about who your representative should be.

Frequently Asked Questions (FAQs)

What is premises liability law?

Premises liability law is the body of law that applies when you are injured on someone’s property. It establishes the duty of care that property owners owe to visitors (and even to trespassers). If you are hurt in a slip and fall, a swimming pool accident or any other incident on public or private property, you need a premises liability lawyer to help you make your case.

What is premises liability insurance?

Most property owners have some type of premises liability insurance. Even owners or renters of private property generally have homeowners insurance or renters insurance that includes liability coverage. When insurance coverage is in place, the insurer provides compensation—up to policy limits—for victims who are injured on the policyholder’s property.

Do I need a lawyer for a premises liability claim?

Premises liability claims can be complicated, and the injuries that occur due to accidents on properties can be devastating. You should have a premises liability lawyer who can help you navigate the legal rules that apply so you can use the civil justice system to get compensated for your losses.

(Video) Choosing a Slip and Fall Attorney | New York Premises Liability Lawyers


What criteria important to selecting an attorney for a new firm? ›

Experience is, by far, the most important thing to consider when selecting an attorney to represent you and your case. Make sure you to also select an attorney who devotes their time to a particular practice area related to your case, such as personal injury, estate planning or immigration, for example.

What does premises liability knew or should have known? ›

This is why it is phrased as “known or should have known.” The phrasing gives protection to those who are owed a duty of care while also working in favor of premises owners that are vigilant in their ownership. If you have been harmed due to someone else's negligence, you deserve to receive compensation.

Is premises liability the same as negligence? ›

Premises liability cases can be confusing because you will often hear the term negligence involved. In general, a premises liability claim is going to be considered a type of negligence claim that arises from a condition on the real property and not from the negligent activity on the property.

What makes a good lawyer? ›

Here are the top 5 qualities of a good lawyer: responsiveness, analytical skills, good research skills, speaking skills, and listening skills. and understand it on the spot. When a case is in session, curveballs will likely be thrown and they have to be able to interpret and respond to them appropriately.

What are four things do clients want from their attorneys which one do they consider the most important? ›

What Do Clients Want From Their Lawyers?
  • Trustworthiness. First and foremost, your client needs to trust you. ...
  • Understanding and Empathy. People don't typically seek legal services because something good happened to them. ...
  • Consistent and Clear Communication. ...
  • Their Legal Problem to be Solved.

What do people look for when they hire an attorney? ›

Look up a potential attorney on the State Bar website ( to check for license status, eligibility to practice law, and history of public discipline. Ask a prospective attorney whether they carry liability or malpractice insurance.

What are the most common premises liability claims? ›

Most Common Types of Premises Liability Lawsuits
  • Slips, trips, and falls.
  • Elevator and. escalator accidents.
  • Stair collapse.
  • Falling objects.
  • Fires.
  • Negligent security.
  • Amusement park accidents.
  • Swimming pool accidents.

What is an example of a premises liability claim? ›

If hotel managers foster an unsafe environment by failing to repair broken locks, leaving hazardous materials in rooms or halls, or overlooking some other issue, an injury caused by these conditions would be covered under premises liability law.

What is the usual basis for premises and operations liability? ›

Premises Operations (aka Ongoing Operations) coverage, insures the policyholder for liability arising out of bodily injury and/or property damage, resulting from negligence associated with owning, leasing, renting property and the daily operations necessary to conduct business.

What is the cause of action for premises liability? ›

Cause of Action—Premises Liability (PLD-PI-001(4))

Tells the court and the other side that you contend that some condition of the other side's premises caused you harm. Must be attached to a Complaint form to use.

Is premises liability strict liability? ›

While most premises liability claims are based on negligence, some premises liability claims stem from strict liability. In a strict liability claim, injured victims make the argument that an inherently or abnormally dangerous situation led to the accident that caused their injuries.

What is the premises liability theory? ›

Premises liability is a legal theory stating that property owners are liable for accidents and injuries that occur on their property. The kinds of incidents that may result in premises liability claims can range from a slip and fall in a grocery store or office building to an injury at the zoo.

How do you compliment a good lawyer? ›

I am extremely grateful for all of your help and bearing with me through everything! Dear Attorney- I write today to express my gratitude for your help- thank you. I can only hope your reflections of me can be seen by others. I truly appreciate that you take the time to talk to me.

What are the four responsibilities of lawyers? ›

  • Advise and represent clients in courts, before government agencies, and in private legal matters.
  • Communicate with their clients, colleagues, judges, and others involved in the case.
  • Conduct research and analysis of legal problems.
  • Interpret laws, rulings, and regulations for individuals and businesses.
Sep 8, 2022

What is the most common reason for an attorney to be disciplined? ›

Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.

What if I feel my lawyer is not on my side? ›

If you feel that your attorney is not working on your behalf because they are biased toward the others side, you may have a right to get the Bar's help. The State Bar will receive your complaint, send a copy to the attorney, and they will give them a chance to respond. They will make a ruling.

What concerns must an attorney have when interviewing a client? ›

What questions should a lawyer ask a client? In the initial attorney-client consultation, a lawyer should ask a client questions about the facts of their legal matter, why they want to pursue the matter, and their goals for the case. Be sure to listen carefully and observe non-verbal communication.

How do you nail an attorney interview? ›

Six Ways to Stand Out at Your Law Firm Interview
  1. Do your research. Lawyers are known for being good researchers. ...
  2. Be presentable and dress your best. ...
  3. Come prepared to ask questions. ...
  4. Be personable and show enthusiasm. ...
  5. Be genuine. ...
  6. Promptly send a thank-you note.
Oct 29, 2020

At what point should you ask for a lawyer? ›

Many clients ask us when to talk to a lawyer for the best legal outcomes for themselves. The best time to talk with a lawyer is before an arrest happens. If you think trouble is starting, such as the police investigating you or talking to your friends, family, and workplace, you need to act.

How do I choose a law firm for a startup? ›

The lawyer will also be assessing the fit with you and your startup from their perspective. It's a 2-way street. As you select legal counsel, think about: (1) experience with startups, (2) what your day-to-day experience will be, (3) the law firm's culture, (4) connections to capital, (5) cost and (6) chemistry.

What qualities do lawyers usually need select four options? ›

Important Qualities
  • Analytical skills. Lawyers help their clients resolve problems and issues. ...
  • Interpersonal skills. ...
  • Problem-solving skills. ...
  • Research skills. ...
  • Speaking skills. ...
  • Writing skills.
Sep 8, 2022

What are some of the factors that a law firm will consider in deciding whether to accept or reject a case? ›

5 Reasons an Attorney Would Decline Your Case
  • Reason #1: The Financial Benefits of Pursuing Your Case are Insufficient. ...
  • Reason #2: They Deem Your Case Not Strong Enough. ...
  • Reason #3: The Attorney May Not Be Capable of Handling Your Case. ...
  • Reason #4: The Statute of Limitations Has Expired on Your Case.
Mar 19, 2020

What three elements are necessary in order to take advantage of the attorney client privilege? ›

A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice.

What is the best business model for a law firm? ›

Most law firms function on the partnership model. A few partners provide the startup capital for the firm, hire associates and take home the profit. Lawyers generate income for the firm by billing clients a fixed hourly rate for their work.

Why choose a small law firm? ›

Personalized treatment

A lawyer from a small firm is able to take the time to have a deep understanding of your case. You'll also receive professional and attentive treatment. Small firm attorneys can give you one-on-one attention since they treat every client as a big fish. The lawyers know the clients by name.

What is a good weakness to say in a law interview? ›

“Don't be afraid to discuss a genuine weakness that you have overcome or that you're working to overcome. … You could talk about how difficult it was to adjust to law school at first, especially the volume of reading and other work.

What personality type does a lawyer have? ›

The legal profession is strongly concentrated among fewer than half of the types. And more than half of all lawyers are represented by just four types: ISTJ: Introvert-Sensor-Thinker-Judger, ESTJ: Extravert-Sensor-Thinker-Judger, INTJ: Introvert-iNtuitive-Thinker-Judger, and ENTP: Extravert-iNtuitive-Thinker-Perceiver.

What type of lawyer makes the most money? ›

11 of the highest-paying lawyers
  • Civil litigation attorney. ...
  • Real estate attorney. ...
  • Intellectual property attorney. ...
  • Bankruptcy lawyer. ...
  • Family lawyer. ...
  • Tax attorney. National average salary: $134,322 per year. ...
  • Corporate attorney. National average salary: $137,364 per year. ...
  • Patent attorney. National average salary: $143,492 per year.
Mar 10, 2023

What are the most important factors you consider when deciding whether or not to accept a job offer? ›

Why You Should Look Before You Leap
  • Research Your Prospective Employer. Your prospective employer has worked hard to assess your suitability for the job. ...
  • Salary. ...
  • Benefits and Perks. ...
  • Savings and Expenses. ...
  • Time. ...
  • Career Path. ...
  • Research the Role. ...
  • Your Values.

Do lawyers only take cases they think they will win? ›

As a result, if the attorney believes they cannot win your case, they generally will not take it. This is because law firms usually put a lot of money and time into taking on a case, and they don't want to waste resources on an unsuccessful claim.

Can a lawyer turn down a client? ›

The short answer to this is yes, an attorney can absolutely refuse to defend someone. While lawyers can refuse to defend someone, they are not likely to do so based on whether they are guilty or not guilty. You should have a good relationship with your lawyer because they are the one fighting for you.

What overrides attorney-client privilege? ›

Some of the most common exceptions to the privilege include:
  • Death of a Client. ...
  • Fiduciary Duty. ...
  • Crime or Fraud Exception. ...
  • Common Interest Exception.

What are the 3 main privileged communications? ›

In addition to attorney-client privilege and conversations with medical professionals and religious officials, privileged communications include those between two spouses, accountant, and client, and, in some states, reporters and their sources.

What does not fall under attorney-client privilege? ›

The attorney-client privilege does not apply when you seek the lawyer's assistance in carrying out or planning a crime or a fraud. There is no lawyer-client privilege if the lawyer reasonably believes that disclosure of confidential attorney-client communication is necessary to prevent death or substantial bodily harm.


1. How to Handle Premises Liability Cases | The Effective Lawyer Legal Podcast
(Zinda Law Group)
2. Premises Liability Lawyer in Los Angeles, CA
(The Law Office of Marvin S. Lanter)
3. Premises Liability Law | Fox 17 | Know the Law
(Sinas Dramis)
4. Do You Have A Premises Liability Claim?
(Richard Schwartz & Associates, P.A.)
5. Negligence and Premises Liability - Randy Thompson - The Law Show
(Kerrigan Law)
6. Common defenses to slip and fall & premises liability claims | Personal Injury Law
(Drew Palcsik - Injury Lawyer)


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