Practice Areas

Premises Liability

Biesty, Garretty & Wagner has substantial expertise in the realm of premises liability including boundary disputes, design, construction and manufacturing defects. The firm handles and tries cases ranging from the typical "slip and fall" claim, to more complicated matters involving assault, battery and personal injury resulting from allegations of inadequate security. The firm's experience includes retail establishment security cases, parking lot accidents and residential liability; patent defect, latent defect, and attractive nuisance claims; as well as property claims involving damage to land by virtue of design defect. The firm's lawyers have tried innumerable cases on these issues, and can provide reasoned and sound advice to litigants facing such suits.

The firm is particularly adept at organizing these cases, preparing a meaningful program for their resolution, and selecting cost conscious and experienced experts. The firm's  lawyers also consider all legal ramifications of design failure, accident reconstruction, expert analysis and their related matters.

In addition, because of misrepresentations before or after the date of loss, the firm is highly adept at exploring questionable property claims, including suspicious fires, questionable burglary and theft claims, fraudulent auto theft claims and staged auto accidents. Many property claims begin with the taking of examinations under oath (EUOs) of the insureds or sworn statements of claimants, informants or persons who claim to be insureds where there is a question of whether the policy was void because of misrepresentations before or after the date of loss.

The firm's goal is to provide legal guidance to their clients during the investigation phase so that if a claim is denied, the client will be in a good position to defend that denial. The firm has litigated and, more importantly, helped clients avoid litigation over bad faith accusations.