Professional Liability
In San Francisco and throughout the Bay Area, the attorneys at Aaron & Wilson, LLP litigate professional liability matters involving insurance and real estate agents and brokers, property managers, and other professionals who may be liable for committing malpractice.
A profession is often denoted by specialized knowledge or training required, along with standards of performance and conduct specific to the industry or occupation. These standards may be promulgated by the members of the profession themselves through a self-governing body, but just as often the government passes laws and standards regulating how the professionals must perform their duties. Both the field of real estate and the insurance industry are heavily regulated areas, and the professionals involved in these occupations can find themselves open to civil liability when they do not meet the standards imposed upon them.
Insurance Agents, Real Estate Brokers, Property Managers
Insurance agents may owe fiduciary duties to their clients, requiring them to sell the appropriate types and amounts of insurance to their customers, who are often less sophisticated and knowledgeable about the industry and rely on their agent to give them advice on what they need. Brokers who appear to have exceeded their buying authority may find themselves in disputes with the policyholder and the insurance company.
Similarly, real estate agents and brokers may owe fiduciary duties to the parties involved in real estate transactions, such as duties of loyalty, honesty, and avoiding conflicts of interest. Inspections must be conducted appropriately, and transfer disclosure statements must not omit any material defects in the condition of the property or its title.
Property managers may have a duty to inspect and maintain the premises in good condition, leaving them open to premises liability claims when a personal injury occurs on the property. The role of the property manager in eviction proceedings means that the property manager may be exposed to a suit for wrongful eviction. As the agent of the owner, the property manager may be liable for any manner of claims, from breach of the implied warranty of habitability to disputes with building contractors over the quality of work.
The Case Within the Case
Often times, proving a case of professional liability requires proving not just that the professional failed to adhere to the applicable standard of care, but also that the neglect to do so caused some negative outcome that would have been different had the professional exercised the proper standard of care. This sometimes requires litigating the underlying matter as well.
At Aaron & Wilson, LLP, our attorneys are litigators. We have decades of trial experience in personal injury, premises liability, landlord-tenant law, real estate litigation, and business litigation. We have experience litigating all the types of matters which normally underlie a professional liability claim. Not only can we effectively try the professional liability issues themselves, but we have the background and expertise to deal with the underlying issues as necessary. For assistance with a professional liability claim in San Francisco and surrounding areas in Napa and Sonoma counties, contact Aaron & Wilson, LLP.
