Mike Panish received a call last week from an attorney who wanted to retain him as his door expert for a case involving a woman who was seriously injured by an automatic door. The attorney outlined the incident which led to the injuries for his client, and told Mike that he had filed suit against the automatic door manufacturer and the store where the incident occurred, but he had since released the store as a defendant.
WHY WOULD YOU DO SOMETHING LIKE THAT SO EARLY IN THE CASE?
The attorney felt that the management of the store was not to blame at all. The attorney assessed the case after his first set of discovery questions, and consulted with an expert that told him that if the store had no awareness or knowledge regarding the "workings" of the entry door systems, then the store was not to blame.
SO, HOW MANY AUTOMATIC DOOR CASES HAVE YOU HAD?
The attorney hemmed and hawed, only to eventually admit that this was his first door case.
YOU HAVE TACTICALLY DONE JUST ABOUT THE WORST THING TO ASSURE THAT YOUR CLIENT WILL NEVER RECOVER ANYTHING FOR HER INJURY
Mike informed the attorney that he made a serious mistake by taking the advice of an inexperienced expert claiming to know something about doors. Mike explained that he has been involved in hundreds of door injury cases and that he continually works for both plaintiff and defense. Mike Panish is currently retained and designated as expert on over thirty ongoing active automatic door cases and multiple cases involving other types of door injuries. It is very rare that the owner/operator of the subject store is released from the claim. In the few instances Mike has seen this happen, the plaintiff's case usually settles for very little instead of what could have been realized.
In almost every claim where Mike Panish has been retained as expert, the primarily responsible party has been the owner or store management because that entity has the daily care, custody, and control of the property. The property usually includes the operation of all doors and entry ways in and out of the subject building.
THE INS AND OUTS OF AUTOMATIC DOOR OPERATION
By Michael Panish
Many years ago Mike Panish authored this article. The article explains the need for daily safety checks of all the automatic doors in any building, especially where the general public is allowed access. In most cases it is still a non-delegable duty for the management or owner of the subject property.
OK TO RELEASE CERTAIN PARTIES TO A DOOR LAWSUIT
It is sometimes Mike Panish's recommendation to release indirect defendants from a lawsuit if they were included only because they were in the chain of commerce. But, in most states, the liability of the store owner is normally unquestionable. If an injury took place at the place of business where the plaintiff was shopping, the store owner will usually seek coverage from their business insurance policy. The store owner or manager may attempt to include other vendors, service providers or manufacturers in the responsibility for the accident. Indemnification agreements written into the vendor contracts attempt to activate the liability portions of their insurance but the vendors are often distanced by time, lack of contractual inspection responsibility, or any connection with the door system since the original purchase and installation. These examples are a small sampling of what potential areas of information need pursuit and development.
WHICH PARTIES SHOULD BE INCLUDED AS DEFENDANTS IN A DOOR INJURY CASE?
Mike Panish has developed a proprietary system to qualify parties prior to inclusion or release from a door injury or door wrongful death suit. When Mike is retained as the door expert he becomes part of the case development and assists the attorney in attaining the information that will bring results to the case whether he is representing the plaintiff or defense.
YOUR DOOR EXPERT NEEDS TO BE EXPERIENCED IN THE FIELD OF DOORS & DOOR HARDWARE
Your door expert needs to be experienced in that field
When you seek the advice of any expert, it is essential to know that the expert has the experience and qualifications to meet the demands of the case. As one of the busiest and most retained experts in the field pertaining to door injuries of all kinds, Mike Panish's opinions are based on a thorough understanding of the equipment involved in the claim, the working knowledge of sales, service, installation, and warranty work, and Mike's previous case experience working as a door expert for plaintiff, defense and cross defense throughout the United States, Canada and Internationally. Mike Panish's current cases involve injuries and wrongful death from garage door and drop down doors, swinging, sliding and revolving doors, commercial vehicle and rental truck doors, hospital and hotel room doors, manual doors, and store front doors.
DON'T RISK YOUR CASE POTENTIAL DUE TO BAD ADVICE GIVEN TO YOU BY AN UNQUALIFIED OR INEXPERIENCED EXPERT
Chances are that you have never dealt with an expert before that offers diverse services, immediate attention to your case, and an exceptional support staff that makes work seem effortless on your part. Mike Panish is the most prepared and thorough door expert that you will ever find. If your case is important to you and your client, then you need Mike Panish's assistance. View Mike Panish's published articles and check out his
testimonials left by other attorneys. Make the call today.
Mike Panish has authored many informativetechnical articles pertaining to his expertise, designed to help attorney's and insurance professionals. Click here to read Mike's popular articles that have appeared in a variety of legal publications across the country.