General Liability & Tort Defense
Our firm's attorneys collectively have hundreds of years of experience, which enables an accurate evaluation of liability, case values, exposures, and potential outcomes early in the process. This allows for an effective analysis and problem-solving process, allowing clients to make careful and well-thought-out decisions about whether cases should be negotiated directly or through mediation, arbitration, or trial.
General Liability & Tort Defense
Our firm's attorneys collectively have hundreds of years of experience, which enables an accurate evaluation of liability, case values, exposures, and potential outcomes early in the process. This allows for an effective analysis and problem-solving process, allowing clients to make careful and well-thought-out decisions about whether cases should be negotiated directly or through mediation, arbitration, or trial.
General Liability & Tort Defense
Our firm's attorneys collectively have hundreds of years of experience, which enables an accurate evaluation of liability, case values, exposures, and potential outcomes early in the process. This allows for an effective analysis and problem-solving process, allowing clients to make careful and well-thought-out decisions about whether cases should be negotiated directly or through mediation, arbitration, or trial.
Extensive Experience
Sims, Lawrence & Broghammer's extensive experience allows us to develop proactive and cost-effective solutions and strategies to resolve cases, from pre-suit investigations to trial and appeal. We focus on a thorough analysis of the issues, risks, and potential exposure of the case, allowing us to work towards the most favorable outcome for our clients.
We represent clients with diverse legal needs, including:
Personal Injury & Wrongful Death
Handling claims involving a wide range of injuries including catastrophic loss, traumatic brain injuries, paralysis, and fatalities.
Premises Liability
Assisting property owners, managers, and tenants in losses including slip and falls, negligent security, fire damage, habitability, and other injuries occurring on their property.
Automotive Accidents
Defending clients in accidents involving personal and commercial vehicles, and public transportation. Defending carriers in UM/UIM matters.
Construction Liability
Handling and shepherding simple to complex construction site litigation, site accidents, defects, and property damage.
Intentional Torts
Defending claims of assault, battery, defamation (libel and slander), and property trespass.
Property Damage
Defending claims of property damage from fire, water, construction defects, and other causes.
Proactive & Tailored Approach
We work closely with our clients to develop a proactive and tailored approach and solution to each case. We conduct thorough investigations, collaborating with the client and experts to provide an accurate and comprehensive assessment of risks, enabling the efficient and effective resolution of matters. When a matter requires a trial, our skilled and experienced litigators are prepared to mount a vigorous defense.
General Liability & Torts Frequently Asked Questions
What is a Tort?
A tort is a civil wrong, not generally arising from a breach of contract, that causes harm or injury to another person or their property, leading to legal liability for the wrongdoer. It's a wrongful act or omission for which the injured party can sue to recover monetary damages to compensate for their losses. Examples include personal injury from negligence, like running a stop sign, causing a car accident, slipping on a piece of produce in a grocery store, or intentional acts like battery.
What are Tort categories?
Torts can be divided into three broad categories: 1) Negligence: This is when a person or entity has failed to act with the reasonable care that a prudent person would exercise under similar circumstances. The four elements to be proven for a negligence claim are: duty, breach, causation, and harm. 2) Intentional torts: Acts done on purpose with the intent to harm, such as assault, battery, defamation, and false imprisonment. 3) Strict liability: When a person or entity is responsible and possibly liable for an act, irrespective of fault or intent to harm. It applies to particular conduct, such as inherently dangerous activity or production, distribution, or sale of defective products.
What's required to prove negligence?
The four elements that must be proven to prevail on a negligence claim are duty, breach, causation, and harm. 1) Duty: The person who acted or failed to act, resulting in harm or loss, owes the injured party a legal duty to exercise a given standard of care, depending on the circumstances. For example, a business has a duty to maintain the floor in a reasonably safe and hazard-free condition for potential customers. 2) Breach: The person who acted or failed to act is in breach if they failed to live up to the standard of care. An example would be a driver speeding in a hospital zone, thus breaching their duty to drive competently and safely. 3) Causation: The person who acted or failed to act and has breached their duty is the actual or proximate cause of the plaintiff’s injury. In other words, “but for” the acts of the breaching person, the harm would not have occurred, and the harm was foreseeable given the breach. 4) Harm: The person instituting a claim or litigation has suffered harm or loss as a result. These include physical injuries to person or property, medical expenses, and pain and suffering.
What is General Liability?
General liability is a legal obligation of an entity or business to provide compensation (usually monetary) to other entities or individuals who have been harmed or suffered a loss as a result of business actions or negligence. Most liability insurance policies specifically cover instances of negligence, including bodily injury and property damage, as well as some unintentional torts.
How is a general liability claim adjusted?
When insurance claims adjusters receive a new matter, they generally investigate, negotiate, and settle claims. The process can include: 1) Investigating the claim: The insurance adjuster and company collect all available information, including reports, records, witness information, interviews, social media, photographs, and video. 2) Determining liability: The insurance adjuster will assess whether the insured person or entity may be legally liable for the claimed harm or loss. 3) Assessing damages: The insurance adjuster reviews the records and available information, including the extent of the harm or loss, to determine a fair settlement amount. 4) Negotiating with parties: The insurance adjuster may attempt to resolve the matter informally with the person or entity making the claim or may involve other parties, such as lawyers, mediators, arbitrators, or other forms of resolution to reach a settlement. 5) Settling the claim: If a settlement is reached, the insurance adjuster will handle the compensation and any related documentation, such as a settlement agreement or possibly obtain court assistance to finalize the settlement. If a settlement cannot be reached, the insurance adjuster may assign defense counsel who will take over negotiations and/or handle the matter up to and through trial, appeals, and final resolution.
Can a tort be a crime?
Yes, a single act can be both a tort and a crime, such as a physical assault, which the state will prosecute. The person who was assaulted can file a civil tort lawsuit for monetary compensation. In a civil case, the burden of proof is a lower "preponderance of the evidence" standard.
Does general liability insurance cover intentional torts?
Standard general liability insurance does not cover intentional acts (intentional torts) or criminal acts committed by the insured individual or entity. Insurance generally covers negligence and other unintentional events. For example, if a store manager intentionally shoves a customer, there would be no coverage for any resulting lawsuit under a general liability policy. If the shove was an accident, there might be some coverage under general liability, as it was unintentional and arguably resulted in an accident that caused the injury.
What is the role of insurance in torts?
Insurance, including general liability, helps manage risks that arise out of potential tort claims. For a business owner, insurance protects against the financial consequences of being held liable for negligence and is intended to cover medical and legal fees, as well as possible settlements or jury verdicts.
Need more answers?
Drop us a line or email and we will follow up immediately.
General Liability & Torts Frequently Asked Questions
What is a Tort?
A tort is a civil wrong, not generally arising from a breach of contract, that causes harm or injury to another person or their property, leading to legal liability for the wrongdoer. It's a wrongful act or omission for which the injured party can sue to recover monetary damages to compensate for their losses. Examples include personal injury from negligence, like running a stop sign, causing a car accident, slipping on a piece of produce in a grocery store, or intentional acts like battery.
What are Tort categories?
Torts can be divided into three broad categories: 1) Negligence: This is when a person or entity has failed to act with the reasonable care that a prudent person would exercise under similar circumstances. The four elements to be proven for a negligence claim are: duty, breach, causation, and harm. 2) Intentional torts: Acts done on purpose with the intent to harm, such as assault, battery, defamation, and false imprisonment. 3) Strict liability: When a person or entity is responsible and possibly liable for an act, irrespective of fault or intent to harm. It applies to particular conduct, such as inherently dangerous activity or production, distribution, or sale of defective products.
What's required to prove negligence?
The four elements that must be proven to prevail on a negligence claim are duty, breach, causation, and harm. 1) Duty: The person who acted or failed to act, resulting in harm or loss, owes the injured party a legal duty to exercise a given standard of care, depending on the circumstances. For example, a business has a duty to maintain the floor in a reasonably safe and hazard-free condition for potential customers. 2) Breach: The person who acted or failed to act is in breach if they failed to live up to the standard of care. An example would be a driver speeding in a hospital zone, thus breaching their duty to drive competently and safely. 3) Causation: The person who acted or failed to act and has breached their duty is the actual or proximate cause of the plaintiff’s injury. In other words, “but for” the acts of the breaching person, the harm would not have occurred, and the harm was foreseeable given the breach. 4) Harm: The person instituting a claim or litigation has suffered harm or loss as a result. These include physical injuries to person or property, medical expenses, and pain and suffering.
What is General Liability?
General liability is a legal obligation of an entity or business to provide compensation (usually monetary) to other entities or individuals who have been harmed or suffered a loss as a result of business actions or negligence. Most liability insurance policies specifically cover instances of negligence, including bodily injury and property damage, as well as some unintentional torts.
How is a general liability claim adjusted?
When insurance claims adjusters receive a new matter, they generally investigate, negotiate, and settle claims. The process can include: 1) Investigating the claim: The insurance adjuster and company collect all available information, including reports, records, witness information, interviews, social media, photographs, and video. 2) Determining liability: The insurance adjuster will assess whether the insured person or entity may be legally liable for the claimed harm or loss. 3) Assessing damages: The insurance adjuster reviews the records and available information, including the extent of the harm or loss, to determine a fair settlement amount. 4) Negotiating with parties: The insurance adjuster may attempt to resolve the matter informally with the person or entity making the claim or may involve other parties, such as lawyers, mediators, arbitrators, or other forms of resolution to reach a settlement. 5) Settling the claim: If a settlement is reached, the insurance adjuster will handle the compensation and any related documentation, such as a settlement agreement or possibly obtain court assistance to finalize the settlement. If a settlement cannot be reached, the insurance adjuster may assign defense counsel who will take over negotiations and/or handle the matter up to and through trial, appeals, and final resolution.
Can a tort be a crime?
Yes, a single act can be both a tort and a crime, such as a physical assault, which the state will prosecute. The person who was assaulted can file a civil tort lawsuit for monetary compensation. In a civil case, the burden of proof is a lower "preponderance of the evidence" standard.
Does general liability insurance cover intentional torts?
Standard general liability insurance does not cover intentional acts (intentional torts) or criminal acts committed by the insured individual or entity. Insurance generally covers negligence and other unintentional events. For example, if a store manager intentionally shoves a customer, there would be no coverage for any resulting lawsuit under a general liability policy. If the shove was an accident, there might be some coverage under general liability, as it was unintentional and arguably resulted in an accident that caused the injury.
What is the role of insurance in torts?
Insurance, including general liability, helps manage risks that arise out of potential tort claims. For a business owner, insurance protects against the financial consequences of being held liable for negligence and is intended to cover medical and legal fees, as well as possible settlements or jury verdicts.
Need more answers?
Drop us a line or email and we will follow up immediately.
General Liability & Torts Frequently Asked Questions
What is a Tort?
A tort is a civil wrong, not generally arising from a breach of contract, that causes harm or injury to another person or their property, leading to legal liability for the wrongdoer. It's a wrongful act or omission for which the injured party can sue to recover monetary damages to compensate for their losses. Examples include personal injury from negligence, like running a stop sign, causing a car accident, slipping on a piece of produce in a grocery store, or intentional acts like battery.
What are Tort categories?
Torts can be divided into three broad categories: 1) Negligence: This is when a person or entity has failed to act with the reasonable care that a prudent person would exercise under similar circumstances. The four elements to be proven for a negligence claim are: duty, breach, causation, and harm. 2) Intentional torts: Acts done on purpose with the intent to harm, such as assault, battery, defamation, and false imprisonment. 3) Strict liability: When a person or entity is responsible and possibly liable for an act, irrespective of fault or intent to harm. It applies to particular conduct, such as inherently dangerous activity or production, distribution, or sale of defective products.
What's required to prove negligence?
The four elements that must be proven to prevail on a negligence claim are duty, breach, causation, and harm. 1) Duty: The person who acted or failed to act, resulting in harm or loss, owes the injured party a legal duty to exercise a given standard of care, depending on the circumstances. For example, a business has a duty to maintain the floor in a reasonably safe and hazard-free condition for potential customers. 2) Breach: The person who acted or failed to act is in breach if they failed to live up to the standard of care. An example would be a driver speeding in a hospital zone, thus breaching their duty to drive competently and safely. 3) Causation: The person who acted or failed to act and has breached their duty is the actual or proximate cause of the plaintiff’s injury. In other words, “but for” the acts of the breaching person, the harm would not have occurred, and the harm was foreseeable given the breach. 4) Harm: The person instituting a claim or litigation has suffered harm or loss as a result. These include physical injuries to person or property, medical expenses, and pain and suffering.
What is General Liability?
General liability is a legal obligation of an entity or business to provide compensation (usually monetary) to other entities or individuals who have been harmed or suffered a loss as a result of business actions or negligence. Most liability insurance policies specifically cover instances of negligence, including bodily injury and property damage, as well as some unintentional torts.
How is a general liability claim adjusted?
When insurance claims adjusters receive a new matter, they generally investigate, negotiate, and settle claims. The process can include: 1) Investigating the claim: The insurance adjuster and company collect all available information, including reports, records, witness information, interviews, social media, photographs, and video. 2) Determining liability: The insurance adjuster will assess whether the insured person or entity may be legally liable for the claimed harm or loss. 3) Assessing damages: The insurance adjuster reviews the records and available information, including the extent of the harm or loss, to determine a fair settlement amount. 4) Negotiating with parties: The insurance adjuster may attempt to resolve the matter informally with the person or entity making the claim or may involve other parties, such as lawyers, mediators, arbitrators, or other forms of resolution to reach a settlement. 5) Settling the claim: If a settlement is reached, the insurance adjuster will handle the compensation and any related documentation, such as a settlement agreement or possibly obtain court assistance to finalize the settlement. If a settlement cannot be reached, the insurance adjuster may assign defense counsel who will take over negotiations and/or handle the matter up to and through trial, appeals, and final resolution.
Can a tort be a crime?
Yes, a single act can be both a tort and a crime, such as a physical assault, which the state will prosecute. The person who was assaulted can file a civil tort lawsuit for monetary compensation. In a civil case, the burden of proof is a lower "preponderance of the evidence" standard.
Does general liability insurance cover intentional torts?
Standard general liability insurance does not cover intentional acts (intentional torts) or criminal acts committed by the insured individual or entity. Insurance generally covers negligence and other unintentional events. For example, if a store manager intentionally shoves a customer, there would be no coverage for any resulting lawsuit under a general liability policy. If the shove was an accident, there might be some coverage under general liability, as it was unintentional and arguably resulted in an accident that caused the injury.
What is the role of insurance in torts?
Insurance, including general liability, helps manage risks that arise out of potential tort claims. For a business owner, insurance protects against the financial consequences of being held liable for negligence and is intended to cover medical and legal fees, as well as possible settlements or jury verdicts.
Need more answers?
Drop us a line or email and we will follow up immediately.