Insight

Protecting Small Business Owners: Trial Experts Connick Law LLC Notoriously Successful with Fire Litigation

When small business owners become the target of insurance companies in fire-related lawsuits, hiring a firm with a reputation for understanding the science of fire suppression trials can save their livelihoods.

Gold Indoor Sprinkler Heads on Red Background
JS

Justin Smulison

August 11, 2022 09:00 AM

Fire-related claims are among the most challenging legal cases to defend. When a fire suppression system fails to act correctly, or fails to engage at all, the building owners will often blame whoever was last near it. That person is often a local contractor or small business owner, though he or she may not be at fault. Suddenly, the contractor becomes a defendant in a multimillion-dollar insurance suit and needs representation.

Connick Law LLC understands these scenarios and, thanks to his record of accomplishment of successful and favorable outcomes in fire litigation, Firm Principal Thomas J. Connick is widely regarded in Ohio and the U.S. as an authority on fire suppression systems.

Connick is recognized in the 2022 edition of The Best Lawyers in America® for Construction - Litigation and has received number accolades from the media and the legal community. He discussed how this collaborative nature and use of visual advocacy has led to favorable results for clients that have preserved their reputation—and in many cases—saved their businesses.

Connick Law logo with In Partnership Black Text over Red Best Lawyers Logo

To better understand the science of fire suppression litigation, Best Lawyers recently sat down with Thomas J. Connick.

How are fire suppression systems different from sprinkler systems?

Fire sprinkler systems typically release water. Suppression systems can use non-water-based solutions like chemical, gaseous and foam fire suppression agents – in addition to water – to douse a fire. These substances are used to reduce or limit damage to machinery and electronics in commercial facilities and large residential buildings.

It sounds like there could be an entire science behind fire suppression systems.

There certainly is and defending against fire suppression claims is a narrowly-focused area of law.

Say a fire breaks out and causes substantial damage to a commercial building and officials determine it originated in the air ducts. Who are commonly named as defendants in these insurance claims?

Small businesses and contractors who specialize in fire safety and building maintenance are often the defendants, as well as their insurance companies. I empathize with my clients because I am a small business owner as well, and I know reputation is tied to everything we do. Their assessments may have been accurate at the time of the inspection or maintenance, but various risks could have arisen later.

There is a bottom-line factor as well because these are hard-working professionals who typically perform a $300 duct inspection. Their profits are very thin and now due to circumstances beyond their control, they are being sued for more than $1 million. The disproportionate nature of the figures in the lawsuit are intimidating and a loss in court could bankrupt them.

I empathize with my clients because I am a small business owner as well, and I know reputation is tied to everything we do."

How else are fire suppression claims different from other types of litigation?

Fire insurance cases often go to trial. In a pre-COVID-19 environment, a case would last two years. Now it can be as long as four years, even though the court systems have adapted to video conferenced hearings. Settlements are rare because insurers want to be compensated for the money, they have paid their own client on the claim. These are well-funded plaintiffs, and we are talking about multimillion-dollar claims and reputation risk.

Clearly these cases are different than other injury and insurance litigation matters. There is always more at stake during a trial, but in this area, is it as clear-cut as winning and losing?

There is a result in which the jury finds for the defense, and that is certainly a win. But I believe there is a gray area as well, even if the defendant is partially found to be at fault. For example, I recently defended a client in a fire suppression case where the plaintiff was a major insurance company seeking $990,000 in damages at the start of the trial. We fought hard and the jury awarded the plaintiffs a fraction of what they initially sought.

While the jury found for the plaintiffs, our defense prevented a near-seven-figure loss that could have put my client out of business. I view that as a favorable outcome, and I know the client did as well.

To what do you attribute your record of successful defenses and favorable outcomes of fire suppression system claims?

There are several factors. I’ve been handling these matters for more than 20 years – nearly my entire legal career – so I have a good working knowledge of the science we discussed earlier. I am also well-versed in National Fire Protection Association (NFPA) Code 921, which sets the bar for scientific-based investigation and analysis of fire and explosion incidents. And while I am not a licensed expert, I am certainly surrounded by them. I collaborate regularly with fire safety professionals with decades-long careers in public service and private sectors, and fire scientists who can reconstruct an accident and pinpoint exactly when and where critical details occurred, which can make or break a case.

Every case is different, but my approach always draws from teamwork. It’s a coordinated effort, and I dispatch the team members at the right time so that I can structure my discovery appropriately.

Furthermore, I present these details to judges and juries through use of demonstrative evidence. Words are far more effective in these situations when they are accompanied by images. Judges and juries are often very sophisticated and well educated, but most do not have a background in what causes fires. By supplementing my arguments with visual aids, I can tell the honest story with a 360-degree perspective that is easier to comprehend. Once they understand that my client’s actions were not the cause of the damage, they realize why the plaintiff’s seven-figure claim is not justifiable. Nearly all my results in fire suppression cases have either resulted in drastically reduced damage amounts, or juries and judges ultimately rule in our favor.

Tom, you emphasized how narrowly-focused claims that stem from fire suppression systems can be. What are the qualities that a defendant, insurer or even another injury lawyer should seek for a trial lawyer?

They need a legal professional who understands fire suppression claims, the science of the phenomena, fire codes, has access to and has worked with the best team of experts and is also familiar with the local judges and court system. This can be a tall order but aligning with a lawyer who has these skills and experience can make all the difference between a multimillion-dollar loss and a favorable result.

Any claimant or counsel who needs to defend against a fire suppression claim should speak with a lawyer with experience in this highly-focused area of law.

Learn more about Connick Law LLC’s tradition of success and excellence at www.ConnickLawLLC.com and (216) 364-0512.

Headline Image: iStock/sspopov

Related Articles

Colorado Attorney General Calls For Cannabis Reclassification


by Gregory Sirico

In this article, Best Lawyers highlights a recent call to action by the Colorado state attorney general, requesting a full drug reclassification of cannabis.

Cannabis buds sitting on a checkerboard tabletop

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

IN PARTNERSHIP

Does Your Law Firm Need a COO?


by Esquire Bank

Esquire Bank explains how having a chief operating officer can help with law firm growth plans, business management, client acquisition and daily operations.

Does Your Law Firm Need a COO?

IN PARTNERSHIP

Contingency Fee Law Firm Valuation: What Factors Matter for Financing?


by Esquire Bank

Esquire Bank offers information on the valuation of a contingency law firm and the financing options they offer to support law firm growth strategies.

What Factors Matter for Law Firm Financing

IN PARTNERSHIP

The No-Stress Way to Efficiently Fund a Law Firm


by Esquire Bank

Esquire Bank explains how many lawyers who are starting their own firms can identify a strategic banking partner to offset the difficulties of self-funding.

The No-Stress Way to Efficiently Fund a Law Firm

IN PARTNERSHIP

How to Easily Acquire Smart Financing for Sustainable Law Firm Growth


by Esquire Bank

Esquire Bank explains what private equity is and why many private equity firms are finding it more advantageous over more traditional forms of financing.

Esquire Banks Guide to Financing for Sustainable Firm Growth

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

IN PARTNERSHIP

How Private Equity Investment is Disrupting the Legal Industry


by Esquire Bank

Private Equity loans are changing how law firms operate, but these funding options should not affect the profession's ethical standards or the best interests of the clients.

Four Hands Taking Pieces Out of a White Pie Graph

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

Violating the Victim


by Megan Bishop and Thomas R. Ward

Two criminal law lawyers from Colorado detail the confounding ways in which prosecutors violate the victim in domestic violence cases.

Cartoon of woman in blue shirt and hair covering her face

IN PARTNERSHIP

Circuit Split: Can Federal Courts Award Lost Profits as Part of a Restitution Order?


by Nicholas Oleski

The Sixth Circuit has ruled against awarding lost profits as restitution to a business forced to close due to a robbery, highlighting a growing circuit split on whether lost profits can be included in restitution orders under the Mandatory Victims Restitution Act (MVRA).

Red shop doors with glass broken open

IN PARTNERSHIP

Where’s My Apology Letter? Client Control and Expectations Regarding Representation


by Joseph S. Passanise and Taylon Sumners

Through every interaction with clients, lawyers can practice effective client management, utilizing clear communication, transparency and diligence.

Professional men and women sitting around a table shaking hands and making business deals

The Courtroom Climate


by Peter Kolla

Recent decisions across Canada have underscored that courts are wary of usurping legislatures—both provincial and federal—when faced with litigants demanding they do something about climate change.

Factory image with courtroom imagery overlaid

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky