General Liability Defense
Thomas Rubin & Kelley PC defends the seemingly endless variety of occurrences that fall under general liability policies throughout Arizona. Our general liability work covers negligent supervision claims, dog bite claims, emotional distress claims, water and fire damage claims, claims against public entities, and wrongful death actions. Our attorneys work with medical, engineering, and human factors experts to evaluate causation and liability in each type of occurrence. We focus on early case evaluation, cost-effective resolution, and vigorous trial defense when settlement is not appropriate.
The Range of General Liability Work
We defend bodily injury and property damage claims arising from business operations, products and completed operations, premises, animals, recreational activities, and personal conduct covered under homeowners and umbrella policies.
Because general liability claims so often overlap with other practice areas, our attorneys also handle the related premises liability, product liability, and construction defect issues that arise in the same file.
When a contract shifts risk to another party, such as a lease, a service agreement, or a construction subcontract, our attorneys examine the indemnity and additional insured provisions at the outset and tender the defense where appropriate. Moving a claim to the party that agreed to bear it is frequently the most direct way to reduce a carrier's exposure.
Early Case Evaluation and Trial Readiness
On a new general liability file, the first report draws on the claim file, the pleadings, and the evidence available at assignment to set out liability, damages, and a recommended plan. That report separates the cases that warrant prompt, cost-effective resolution from those that warrant defense through trial.
Our attorneys gather the facts that decide liability and fault, including incident reports, photographs, video, maintenance and inspection records, contracts and indemnity provisions, and witness statements. Medical records are reviewed early, and the firm retains medical and liability experts when the claimed injuries or causation are in question.
Reports follow the carrier's guidelines and focus on what the adjuster needs to make the next decision: changes in exposure, settlement opportunities, and the cost of the next phase of the case.
Trial preparation begins with the first report, so that when settlement is not appropriate, the carrier already has a file built for vigorous trial defense.
Issues That Shape General Liability Cases
Fault in a general liability case is often shared among property owners, tenants, vendors, contractors, and nonparties, so we identify every potentially responsible party early and develop the evidence needed to present their share at trial. Further reading on the elements and defenses involved appears in Common Law Negligence & Defenses.
Claims involving a death, significant medical expenses, or a public entity each carry their own issues. We handle wrongful death claims and the damages questions they raise, the presentation of medical expenses at trial, and notice of claim issues under A.R.S. §12-821.01 when a public entity is involved. For further reading, see Wrongful Death Damages in Arizona and the firm's article on the collateral source rule.
Procedure and jury selection also shape case value. We use offers of judgment strategically, address court approval when a minor is involved, and prepare for jury selection under Arizona's current practice. Strict liability dog bite claims under A.R.S. §11-1025 are a regular part of this practice. Related articles cover offers of judgment, minor settlements, the end of peremptory strikes, and strict liability for dog bites.
Assigning a General Liability Claim
General liability assignments, including matters already in suit, may be sent to Thomas Rubin & Kelley PC through the contact page or by phone at (602) 274-8289. We represent carriers, self-insured entities, and their insureds in Arizona state and federal courts.