Standard of Care in Fire Loss Litigation
Partner Chris Konzelmann will present Standard of Care in Fire Loss Litigation on March 22 in New Orleans, LA at the NASP Subrogation Litigation Skills & Management Conference. The majority of subrogation claims involve negligence – proving duty, breach, causation, and damages. Duty focuses on the applicable industry standard of care. This presentation will discuss: (1) the importance of locating and properly using a standard of care when pursuing a negligence claim; (2) the almost endless number of standards organizations and trade groups that promulgate standards of care for various industries; (3) how to properly use standards of care during pre-litigation settlement discussions; and (4) how to properly use standards of care during pre-trial discovery and trial. The presentation will also address defenses a subrogation target will likely raise when confronted with a proven standard of care violation.