The statistics don't lie: premises liability cases have higher dismissal rates than almost any other personal injury category.
Morgan & Morgan beats these odds with our 200 dedicated premises liability attorneys. And their track record speaks for itself: In 2024 alone, our attorneys recovered $800,000,000 for their clients, tried 83 premises liability cases with $72,527,690 in recoveries.
Why Premises Liability Is Different (And Harder)
Premises liability litigation often involves facing well-funded corporate defendants with sophisticated legal teams, complex corporate structures, and extensive risk management departments. Companies like Walmart, Home Depot, Target, and Publix don't just have deep pockets—they have specialized outside counsel who live and breathe these types of claims.
Without a proper legal strategy and appellate insight from the outset, even strong cases can be dismissed on procedural grounds before reaching their full value potential. This isn't about the merits of your case; it's about understanding the unique challenges and building your practice to overcome them from day one.
Invest Early to Beat the Odds
Being trial-ready means having the necessary resources. This includes the financial strength to front the costs associated with bringing these cases to trial and leveraging those resources against well-funded defendants.
Successful premises liability practices invest heavily in case development resources. This means immediate expert retention, comprehensive scene investigation, and appellate attorney guidance throughout the litigation process.
This investment philosophy recognizes a fundamental truth: early investment in case development pays exponential returns. The firms that invest in appellate support, file quickly, retain experts immediately, and conduct rapid scene investigations don't just win more cases—they transform the entire economic equation of premises liability practice.
The 60-90 Day Rule: Speed as Strategy
Time is your enemy in premises liability cases. The most successful practices file suit within 60-90 days, and this aggressive timeline serves multiple strategic purposes:
- Preserves evidence through formal discovery demands
- Demonstrates serious litigation intent to corporate defendants
- Creates settlement pressure through expedited case development
- Prevents evidence destruction and witness unavailability
Master the Corporate Landscape
Consider what you're up against: corporate defendants with expansive risk management departments, vast customer populations, and internal policies designed to minimize liability. While this structure often means more potential evidence exists—statements, video footage, work orders—it also means you're facing defendants equipped with sophisticated legal strategies and prepared for vigorous defense.
Successfully litigating against big box stores requires more than legal skill—it demands a deep understanding of their operations. Each corporate defendant has unique policies, procedures, and safety protocols that can become powerful evidence in your favor.
Build institutional knowledge of specific corporate defendants. Familiarize yourself with their typical defense counsel and strategies. This knowledge becomes your secret weapon in negotiations and trial preparation.
Don't forget about complex corporate structures. There are often multiple potentially responsible entities: the property owner, property management companies, and various maintenance contractors, each with different insurance coverage levels. Detailed discovery is essential to uncover all potentially liable parties, and defendants may initially try to conceal this information.
Avoid the Pitfalls That Kill Premises Liability Cases
Premises liability cases often include many hurdles that make proving your case more challenging. The firms that win adopt a trial-ready mindset from day one. That means:
- Preserve Evidence Immediately – Video footage disappears fast. Issue spoliation demands early and aggressively.
- Retain Experts Early – Credible experts shape your case and protect it on appeal. Don’t wait months.
- Dig Deep in Discovery – Establish corporate knowledge and notice through persistent, comprehensive discovery. Don’t settle for surface-level responses.
- Prepare for Summary Judgment – Most cases die here. Make your opposition bulletproof with strong evidence and legal arguments.
- Do the Work Outside the Courtroom – No shortcuts. Review discovery within 24–48 hours, file motions to compel, pursue concealed information, and set trial dates early to prevent defense delays.
Think Like an Appellate Attorney from Day One
Here's a game-changing perspective: incorporate appellate-level strategic thinking from the moment of case intake. Too many attorneys focus solely on what wins at trial, but the most successful premises liability attorneys understand what survives appellate review.
This appellate mindset shapes every aspect of your case strategy:
- Initial pleadings that anticipate procedural challenges
- Expert selection based on appellate credibility
- Discovery planning that builds an appeal-proof record
- Strategic pleading that withstands higher court scrutiny
When you know what appellate courts scrutinize, you build cases that command premium settlement values because defendants recognize the reduced likelihood of successful appeals.
The Bottom Line
Premises liability litigation is challenging, but it's also an opportunity. With the right strategies, resources, and mindset, you can build a successful practice in this demanding area of law. Focus on appellate-level thinking from day one, invest in case development resources, move quickly to preserve evidence, and never underestimate the importance of procedural compliance.
The attorneys who master these principles don't just survive in premises liability litigation—they thrive, building practices that consistently deliver results for their clients while commanding premium settlements from even the most well-funded corporate defendants.
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