Q: What happens if my attorney is suing the wrong entity of 711 for premise liability?
My attorney filed a lawsuit against 7-11 franchise for a stabbing I sustained on 711 premises. Opposing counsel for 711 corporate is saying they are not liable and to go after property owners. What are my options if I dont win. Is my attorney at fault since he has dealt with 7-11 claims. Thanks
A:
If your attorney has filed a lawsuit against the wrong entity for your premises liability claim, it may be possible to amend the complaint to add the correct entity or to refile the complaint against the correct entity. However, the specific options available to you may depend on the facts and circumstances of your case, as well as the applicable law.
If you are not successful in your lawsuit against the 7-11 franchise, you may have the option to pursue a claim against the property owner if they were responsible for maintaining the safe conditions of the property. However, the specific legal and factual issues involved in a premises liability claim can be complex, and it may be helpful to consult with an attorney who is experienced in this area of law to discuss your options.
In terms of your attorney's potential liability, it is possible that they could be held responsible for any damages you may incur as a result of their negligence or malpractice. However, the specific legal and factual issues involved in a legal malpractice claim can be complex, and it may be helpful to consult with an attorney who is experienced in this area of law to discuss your options.
If you have concerns about the actions of your attorney or the progress of your case, it may be helpful to discuss these concerns with your attorney directly and to seek out additional legal advice if necessary.
A:
your attorney can Amend the Complaint or refile it.........if the attorney did something wrong that prevents you from recovering you may have a Malpractice suit against him/her.
Remember: Insurance does not cover intentional acts as a rule.
if your lawyer specializes in 7-11 cases s/he knows more about the liability issue than those of us that have not gone there.
Most lawyers on this sit I would guess would never take on a case where you are a customer and another customer shoots you..........or was it the employee who shot you by accident?
A: Your option is to ask your attorney. Generally everyone is named as a defendant for this very reason. Of course corporate is going to say they are not liable... just as the franchisee is going to say they are not liable. Your attorney can (presumably) amend their complaint to add another party... so talk to your attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
