Property Damage LitigationWhile many civil lawsuits allege an injury or death was suffered by the plaintiff, other suits focus on damage to a plaintiff's property. This can include damage to a vehicle allegedly incurred in an automobile accident, damage to a home or business resulting from faulty construction or as a result of fire, and can even include claims such as a taking or inverse condemnation through governmental action by one of our municipal or governmental clients. These suits often yield large damages claims, and it is critical that you have knowledgeable and expert counsel that you can turn to for defense of such claims and suits.
Success in the defense of said claims often turns on a proactive and strong offensive approach. Early and detailed investigation into the cause of the damage, preservation of key evidence that may support a cause determination and the retention of qualified experts to participate in early determination and evaluation is critical. An aggressive offensive approach yields information on other potential liable parties and the pursuit of those parties as being solely responsible or contributors in the liability analysis. The scope of claimed damages is also a central issue to any property damage claim and obtaining evidence specific at refuting alleged damages such as lost business income and the scope of property damaged and its value are critical to successful management and cost-effective resolution.
Under the umbrella of civil litigation, Best, Vanderlaan & Harrington attorneys have specialized in both the defense and prosecution of property damage claims for many years, and our successes in such areas run the gamut from defense of civil claims to the pursuit and litigating of subrogation claims for our clients. We have worked closely with our clients on early investigation and evidence preservation and have developed a working knowledge of mechanical and engineering principles as well as fire cause and origin investigation. We also have relationships with experts at the top of their field in areas such as mechanical engineering, civil engineering, fire cause and origin, accident reconstruction, cell phone technology, and other areas that play central roles in the ultimate determination of liability and damages in any property damage claim.
See also Products Liability, for BVH information regarding the defense of property claims arising from product defects and breach of warranty.