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    February 5th, 2012

Premises Liability Lawyers - Attorneys for "Slip and Fall" Cases Against Residential Landlords, Owners of Commercial Property and Public Entities Serving the Seriously Injured from New York to California, from Texas, Georgia and Florida to Illinois and Michigan, from Alaska to Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho and Indiana Property Defect Attorneys from Kansas, Kentucky, Louisiana, Massachusetts and Maryland, to Maine, Michigan, Minnesota, Missouri, Montana, and Trip and Fall Lawyers, North Carolina from North Dakota, Nebraska, New Hampshire, New Jersey to New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming .


Premises liability lawyers, sometimes referred to as "slip and fall" attorneys or "trip and fall" attorneys, represent clients who have been injured in falls resulting from the negligence of property owners. Our Law Group premises liability attorneys represent those who have been seriously injured in falls as the result of property defects or failures in the maintenance of residential, commercial, business, and public property. Our premises liability lawyers will consider cases arising in most states from California to New York, from Illinois and Michigan to Texas, Georgia and Florida, from Alaska to Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho and Indiana Property Defect Attorneys from Kansas, Kentucky, Louisiana, Massachusetts and Maryland, to Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, we are slip and fall and trip and fall lawyers from North Dakota, Nebraska, New Hampshire and New Jersey to New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

If you have been injured in a fall, you are welcomed to contact our premises liability lawyers for a free consultation. You may fill out our "Contact" form and one of our premises liability attorneys will contact you to discuss your case, provide his initial case evaluation and recommendations.

In some premises cases it may be simple to establish liability, in others complex, but every serious injury premises liability case is complex in preparation and presentation of the "damage" aspect of the case, the client's injury, his general damages, including "loss of enjoyment of life" damages, and his special economic damages, such as past and future medical expense and past and future lost earnings. Indeed, most serious injury cases require the extensive coordination of teams of experts, recommending highly qualified serious injury premises liability trial lawyers to prepare and present the client's general and special damage case to maximize the opportunity that the client will by fully compensated. Below we will the potential complexities in the presentation of both the liability and damage case.

Our Premises Liability Lawyers Discuss the Complexities Serious Injury "Slip and Fall" and "Trip and Fall" Cases, Particularly in the Attorneys' Preparation and Presentation of General and Special Economic Damages."


In many "slip and fall" and "trip and fall" cases, the premises liability lawyer's work in establishing "liability" can as simple as establishing that the grocery store had "notice" of a spill and failed to promptly clean it up. Often, however, premises liability cases are complex in their liability, commonly requiring expert testimony, and ALL serious injury cases, such as spinal injuries, debilitating orthopedic injuries, or traumatic brain injuries, just to take a few examples, require highly sophisticated premises liability lawyers to prepare and present the complex general and special economic damage case, including past and future medical expense and past and future earnings losses.

Many premises liability cases are not simple, and may call upon the experience of the seasoned premises liability lawyer to identify the defect or additional regulatory or standards bases for establishing negligence. They can require the "slip and fall" attorney to have extensive knowledge of the applicable building codes and regulations pertaining to the variety of buildings, from residential property to commercial business establishments, as well as conventions, e.g., with regard to everything from stair height to the allowable or reasonable disparity in sidewalk or tile block height in common areas. Where the surface disparity is essential for functionality, as in a public storage facility, to assure that rain water doesn't enter and damage the lessee's belongings, a red stripe warning of the break between the level of the surface outside and inside the bin may be deemed required. Even a slip on the tenant's stairs in an apartment may require knowledge of coefficients of friction, and require appropriately qualified experts to explain the defect in stair surfacing for the benefit of settlement Judges and juries.

In some cases, such as cases against public entities, as for example in defective sidewalks or other walking areas or for failure to maintain public property, such as parks or state universities as examples, premises liability lawyers may require additional experience to process the lawsuit in most states, including knowledge of the state's government claims provisions. These are matters of statutory law which can vary from state to state, but commonly require that before a case against a public entity is filed that a claim be filed with the appropriate government agency. The claim often must be filed within a time period much shorter than the statute of limitations. The public entities deny the claims as a matter of course in almost all cases. However, denial of the government claim is an essential element of the cause of action, and generally, the denial of the claim must be affirmatively alleged in the premises liability complaint. If the client presents his case to the "slip and fall" lawyer after the time for filing the government claim has expired, then the attorney must again be sufficiently knowledgeable to file a petition for relief from late presentation of the claim. And then, there may be other regulations provided by law or even internal policies that can aid experience premises liability lawyers in establishing their cases against government entities.

And as noted above, establishing liability is only half the job of the premises liability lawyer. He must also put on the evidence of the seriously injured client's damages, general damages, and special economic damages, which indeed can be the most important contribution of the highly qualified "slip and fall lawyer," and his greatest opportunity for superior advocacy, as the damage case in serious injury litigation is always complex.

Our Premises Liability Lawyers Explain the Complexity of Preparing and Presenting the Damage Case in Serious Injury "Slip and Fall" and "Trip and Fall" Litigation, and Trial Attorneyr's Task in Assembling the Highly Qualified Experts to Present the Client's General Damages and Special Economic Damages.


General Damages and our Serious Injury Premises Liability Attorneys Strategies for Presenting "Loss of Enjoyment of Life" Damages.

Preparing and presenting the "damage" case in serious injury cases can be the most important aspect of the premises liability attorneys' responsibilities, and the greatest opportunity for the trial lawyers' superior advocacy in assuring that his client is fully compensated for his general and special economic damages.

"General damages" is commonly referred to by many premises liability lawyers as "pain and suffering." In serious injury litigation, however, the element of the client's general damages that the seriously injured client may stress is what we call "loss of enjoyment of life" damages. Every case is different, and so the first step in maximizing the opportunities to recover the full measure of the client's general damages will be for the attorney to listen carefully to the client. In many cases, the client may have suffered extensive pain and suffering, and indeed, in many cases that may be the greatest complaint the client has. But often times as our client describes to the lawyer the impact his injuries have had upon him, he will describe his loss of his ability to do after the fall and injury all of the many activities that he enjoyed before the injury; and that doesn't necessarily mean skiing or skydiving, but even things as simple and ordinary as lifting his grandchildren onto the swings.

In every serious injury case, premises liability lawyers must consult with the treating physicians and engage experts in the involved disciplines of medicine to describe the full nature and extent of the client's injuries in the presentation of the general damages. But where the client has suffered significant "loss of enjoyment of life" damages, it calls upon the experience of the seasoned serious injury premises liability attorney to demonstrate in ways convincing to the settlement judge and jury the depth of loss the client has suffered as the result of his inability after the fall to do the things he most enjoyed doing before. In establishing the types of activities that the client engaged in before the accident and how much they meant to him, the serious injury trial lawyer will commonly elicit the testimony of the client, his family, friends, and others with whom he participated in the activities. He may also compile the photographs and videos depicting the client engaged in the activities he most enjoyed. And then, in making plain the striking difference in the life of the seriously injured client, the experienced premises liability attorney will often employ a professionally produced "Day in the Life" film, showing how the client courageously struggles with large and small difficulties just in doing the ordinary things, sometimes such as just getting out of bed, shifting to a wheelchair, to make breakfast. And it is the courage of the seriously injured man or woman which often translates into the settlement Judge and jury empathy that most often succeed in persuading them to adequately compensate the plaintiff for the full measure of his general damages.

Past and Future Medical Expense and our Premises Liability Lawyers' Strategies for Developing the Evidence Through Expert Testimony to Maximize the Client's Opportunities for Full Compensation."

Our premises liability lawyers well understand that the cost of medical care can deplete retirement accounts, funds set aside for the children's college tuition, lead to the loss of the family home, bankruptcy and with the seriously injured client's often diminished earning capacity paying for future medical expenses may weigh heavily on his shoulders.

It is the serious injury premises liability attorney's obligation to his client, therefore, to maximize the opportunity to recover fully for all past medical expense, and often times most importantly to assure that the client is compensated for the full measure of future medical expense likely to be required over the course of his remaining life expectancy.

"Past" medical expense, in almost all cases, is easy to establish, by comprehensively obtaining all the medical bills that the client has incurred from the time of the injury through to the date of the settlement conference or trial. The much more complicated task, and the task requiring highly qualified and experienced premises liability attorneys is the development of the medical evidence and engaging the array of experts essential to arrive at accurate judgments with regard to all of the medical expenses the client will likely incur over what the experts and lawyers call "his life expectancy."

The serious injury premises liability lawyer's task in preparing the future medical expense claim begins with marshalling the evidence with regard to the full nature and extent of the client's injury, diagnoses and lifetime prognoses, including from the medical records, the treating physicians, and from highly qualified experts engaged by the premises liability trial attorney often from a number of medical specialties. The trial lawyer experienced in preparing the future medical expense claim will then engage a "life care planner," whose responsibility begins with reviewing the medical records, the reports of the expert medical specialists, and will often also speak with the client's treating physicians, and certainly the retained experts. The life care planner then meticulously identifies all the medical expenses that the client will likely incur over the course of his life expectancy, from big items, like future surgeries, for example, to implant hardware or to remove hardware installed at the time of the original surgery, the cost of full time or part time nursing services, periodic replacement prosthetics, modified vehicles, right down to the lifetime cost of all the medical sundries the client will require. The life care planner will then prepare a report which the serious injury premises liability lawyer will then supply to a forensic economist who will then run the medical expense calculations out over the life expectancy of the client, increase the yearly amounts according to government statistics with regard to the high rate of increase in the cost of medical care, and then he will reduce the total to "present cash value."

Hopefully the discussion above will substantiate the statements earlier in this page that while many premises liability "slip and fall" or "trip and fall" cases may be "simple" to establish in their liability aspect, the premises liability lawyer's task in serious injury litigation is always complex. At the same time, the competent preparation and presentation of future medical expenses in particular may be the premises liability attorney's greatest opportunity for advocacy in assuring that his client is fully compensated.

Our Premises Liability Lawyers Explain the Complexity of Establishing the Full Measure of the Client's Past & Future Loss of Earnings and Earning Capacity.

Loss of earnings claims and future lost earnings or earning capacity claims can often be the most complex task the serious injury premises liability lawyer will confront. Some cases are indeed very complex, as where a business owner is injured, however, for the purpose of this discussion, we will use the more simple example of the salaried employee, without considering factors that can additionally complicate the trial lawyers task in assuring full compensation for his client, such as the opportunities he would have for advancement and increased salary.

In the simplest case, therefore, of the salaried worker, the past earnings claim may be as simple as counting the work days from his injury to the date of the settlement conference or commencement of trial, and multiply that number by the amount of his daily salary. But even taking this simplest loss of earnings scenario, the calculation of future earnings losses can still be highly complex, again requiring an team of highly qualified experts.

The initial task of the serious injury premises liability lawyer in preparing the evidence of his client's future earnings losses begins again with the expert physicians and specialists engaged by the trial attorney to provide the foundation in terms of the full nature and extent of the client's injuries and disabilities, his diagnosis, and lifetime prognoses. The serious injury premises liability attorney would then engage a qualified "rehabilitation" expert, an expert whose responsibilities are not involved in the client's medical rehabilitation, as the term might imply; rather, an expert who is engaged first to evaluate the client's remaining capacity to be gainfully employed, as compared to the type of employment that the client was engaged in prior to the accident and all of the trades and professions for which he would have been suited had the injury not have occurred. Skipping over the analyses that the rehabilitation expert employs, including in the determinations of the client's "work life expectancies" which can be different as a function of the client's health and disabilities before and after the injuries, the serious injury trial lawyer then presents that report also to his forensic economist who will again run the range of measures of income which would have been likely to be earned during over the years of his work life prior to the accident, in his employment and/or the categories of employment which were available to him prior to his injury, increased by the statistical measures of wage growth that would be expected in those trades or professions. He would then also evaluate the client's potential for earning in the trades or professions which the rehabilitation expert has identified as remaining fields in which he might obtain gainful employment and do the same statistical analysis this time over the course of the client's work life expectancy post injury. And then, as with future medical losses, the forensic economist then discounts to present value the full measure of the client's future earnings losses.

So again, hopefully the reader will recognize the validity of our premises liability lawyers assertion that while slip and fall or trip and fall cases, as they are colloquially described, can often be simple in the presentation of liability, the premises liability attorney's task in the serious injury case, assembling all the required foundational evidence and in engaging and preparing the testimony of his experts, in presenting their reports in settlement conferences, or in calling them to testify at trial, is indeed complex, requiring highly qualified and experienced premises liability lawyers.

Our Premises Liability Lawyers Welcome You to Contact Us for a Free Consultation. We Provide Free Case Evaluations for Those Seriously Injured in Most States, from California to New York, from Illinois and Michigan to Texas and Georgia and Florida , Slip and Fall Attorneys from Alaska to Hawaii, from Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho and Indiana Property Defect Attorneys from Kansas, Kentucky, Louisiana, Massachusetts and Maryland, to Maine, Michigan, Minnesota, Missouri, Montana, and Trip and Fall Lawyers, North Carolina from North Dakota, Nebraska, New Hampshire, to New Jersey, Property Defect Lawyers from New Mexico, to Nevada, Oklahoma, Oregon, Pennsylvania, and Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


If you were seriously injured in a "trip and fall" or "slip and fall" or as the result of a property defect, negligent maintenance, or failure to warn of dangerous property conditions, we welcome you to contact the our premises liability lawyers for a free consultation. Simply fill out the Contact form and one of our highly qualified premises liability attorneys will call you to discuss the facts of your case with you and provide our initial recommendations.

As you consider obtaining attorney representation in your case, it is our recommendation that you ask about the qualifications and experience of any premises liability lawyer whom you would consider to represent you. Every good premises liability attorney recognizes that you have the right to ask about his credentials so that you can prepare his with those of other lawyers and arrive at your own studied decision with regard to which lawyer you may determine is best qualified to represent you. The Law Group lawyers invite you to inquire, and attorney Henke provides to the right of this page a discussion of his trial lawyer qualifications without your having first to ask. Our Law Group serious injury premises liability lawyers and trial attorneys are available to offer free consultations and case evaluations in most states of the United States, from California and New York, from Florida to Hawaii, from Alabama and Georgia to Alaska, we are premises liability lawyers available to represent clients in serious injury litigation in Ohio, Illinois and Michigan, we are slip and fall attorneys from Arkansas, Arizona, Colorado, and Connecticut, Delaware and Idaho, we serve as property defect attorneys for clients injured on commercial, business and public property based on property defects from Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine and Minnesota to Missouri, Montana, and we are trip and fall lawyers in North Carolina, and from North Dakota, Nebraska, New Hampshire to New Jersey, we are premises liability lawyers from New Mexico, to Nevada, Oklahoma, Oregon, Pennsylvania, and Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. We welcome the opportunity speak with you, discuss your case, and share with your our initial impressions and answer any questions you may have with regard to our qualifications as premises liability attorneys and trial lawyers. Our Law Group lawyers, loosely affiliated as described above, coming together initially as officers and Governors of our trial lawyers associations in most every state as we cooperated first in sharing strategies to overcome insurance industry tort reform legislation and initiatives in the 1990's evolving to include other trial lawyers, including those experienced in premises liability cases, referring cases to one another as clients would present to us with causes of action arising in other states, or to attorneys we felt were more qualified or had a leg up on specific types of litigation, will be more than welcome also to share with your their qualifications and experience in premises liability cases and as trial lawyers.

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*Most Recent Serious Injury Jury Verdict:

$2.9 million dollar jury verdict in a product fraud and medical negligence case in which attorney Henke represented 5 plaintiffs in a single consolidated 4 month trial against their physicians and hospital for conspiracy to defraud them with phony AIDS cures. The case involved complex medical issues requiring sophisticated preparation of expert testimony. Attorney, Henke, engaged as experts many of the most highly and relevantly qualified scientists and physicians to testify in the case, from Luc Montagner, the head of France's National AIDS Laboratories, and the discoverer of HIV, Michael Gotlieb, the astute physician who discovered AIDS and co-founded the American Foundation for AIDS Research, Don Francis, the highly respected epidemiologist who headed the CDC AIDS task force and discovered the means of transmission of AIDS, at the forefront also of protecting the blood banks, Roger Detels, the Chairman of Epidemiology at the UCLA Medical School and senior scientist on the largest study on the efficacy of AIDS drugs, John Curnutte, the senior scientist supervising over 100 other scientists in the largest AIDS vaccine project in the world, Peter Wolfe, a member of the Scientific Advisory Committee to the American Foundation for AIDS Research and a dozen others of the most highly qualified experts on the scientific subject matter involved in the litigation. Attorney, Henke, was nominated "Trial Lawyer of the Year" by LATLA for his work in the prosecution of the cases, and testified before Congress at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives. We believe that the case and punitive damage verdict effected an enduring change in AIDS medicine, assuring greater adherence to the medical standards of care in the treatment of AIDS patients.

*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

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Food Poisoning Lawyers for E coli HUS & Listeriosis Cases. Attorneys for California and National Outbreaks.

Food Poisoning Litigation Requires Superior Trial Attorneys to Prevail on Liability and Establish the Full Measure of the Client's General and Special Damages..

Spotlight: Our Most Recent Food Poisoning Settlement:: One of our E coli HUS Attorneys obtained one of the largest multimillion dollar settlements ever achieved in an Ecoli HUS case.

Consult the Food Poisoning Lawyers page or the E. coli HUS Attorneys page for additional information about the stellar qualifications of our California food poisoning attorney Nick Allis, and his trial lawyer strategies in obtaining this spectacular general and special economic damage award.

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The Law Group - An Affiliation of Trial Lawyers, including Premises Liability Attorneys Serving Clients Seriously Injured as the Result of Falls on Residential, Commercial and Public Property. Our Premises Liability Lawyers Will Consider Cases Arising in Most States, Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


Our "Law Group" was first conceived in the 1990's when Attorney Henke was serving as a Governor of the 5th largest trial lawyer association in the United States and regularly meeting with the officers and Governors of most of the state trial lawyers associations, including to develop strategies to defeat insurance industry efforts to obtain "tort reform laws" -- laws which would have significantly curtailed the rights of the injured to be fully compensated, for example "caps" on general damages. Many of us came to gain high regard for the professionalism of others of the trial lawyers from across the county, including many premises liability attorneys. And where it was common that we would be contacted by potential clients from other states we would often recommend or refer the potential clients to lawyers in our loosely affiliated group or to other attorneys who we considered best situated or qualified to consider the cases. In certain litigation where a particular lawyer already had a "leg up" on a particular type of case, for example a mold causing illness in residents or employees in the buildings, with his experts already developed, we might recommend that the potential client might save substantial litigation costs or otherwise be best served by the other trial attorney. We also will sometimes cooperate with others of our serious injury trial lawyers, either in sharing documents and other evidence developed in previous cases against the same defendant, or sometimes by helping to identify and prepare an expert for another Group lawyer in another state. Sometimes we may offer to serve as local counsel where an out of state attorney appears as trial counsel pro hac vice, or we may assist with appeals in our states for another trial lawyer where we may be more familiar with the issues or appellate litigation. This is the way our informal affiliation of lawyers grew with experienced trial lawyers in most of the states, and continues to grow. Our premises liability lawyers will consider representing potential clients who have suffered serious or catastrophic injuries as the result of the broad range of premises defects or failures to maintain residential, commercial and public property in most states from New York to California, from Texas and Georgia and Florida to Illinois and Michigan, Slip and Fall Lawyers from Alaska to Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho and Indiana, from Kansas, Kentucky, Louisiana, Massachusetts and Maryland, to Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, Trip and Fall Attorneys from North Dakota, Nebraska, New Hampshire, New Jersey to New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

It is every potential litigant's right to ask about the credentials of any lawyer whom he would consider to represent him. Decisions with regard to the best lawyer for you should not be made on the basis of attorney advertisements. Rather such decisions should be made on the basis of a comparison of the credentials of the lawyers whom the potential client would consider to represent him. Our Law Group attorneys provide free consultations and we welcome your inquiries with regard to our credentials as serious injury trial lawyers and as experienced in our practice areas including premises liability litigation. And we invite you also to ask any additional questions about our qualifications that you may deem important in the attorney you will choose to represent you.

It is beyond the scope of this web site and this premises liability lawyers page to attempt to do justice to the credentials of all of our Law Group attorneys, and so on the web site subject matter pages and here we have limited our discussion of specific credentials to those of Group attorney Henke, as was most convenient, given that he is the author of most of the practice areas pages, which we hope will provide greater information with regard to the sophisticated trial strategy that qualified and experienced lawyers generally bring to the prosecution of the broad description of cases discussed. In addition, because it would be beyond the scope of our page limits to discuss the significant trial victories and settlements of all our group members, in the left column of this page it is discussed only the jury verdicts of this one Group lawyer, except that, given that he doesn't practice food poisoning law, a recent E. coli HUS case and settlement obtained by another of the Group members, Nick Allis, is discussed. The cases cited are furthermore intended to describe the type of trial advocacy that can be brought to bare in the cases described, not to stress the amounts of the settlements and jury verdicts, because as noted in the left column, as required by state bar rules, the damages recovered in any particular case are dependent upon the facts of each case, including the nature and extent of the client's injury, and his general and special economic damages.

So that the reader may consider some of the types of credentials that attorneys may have, among others, in determining a lawyer's suitability for a particular case, from lawyer directory legal ability and ethics ratings to elected office in state trial lawyers associations, awards and recognition by his peers, such as trial lawyer awards, education, training and experience in the particular practice areas; articles published on specific legal subject matter, or examples of the premises liability attorney's appellate advocacy, we provide the specific credentials of attorney Henke, however only by way of example of one Group member's qualifications. By providing his credentials he does not claim that his credentials are superior to those of any other Group lawyer or any other attorney in his or any other state. Henke will not accept cases arising outside the state of California, and will only appear as trial counsel in pending litigation in another state at the request of an attorney in the other state, where the attorney requests that he serve as trial counsel in the pending litigation, with the consent of the client, and only where the trial court judge in the out of state litigation consents to his appearance as trial counsel pro hac vice. His credentials, however, might serve the purpose sought to be achieved here, only to suggest what might be some of the questions that any prospective client may want to ask the lawyers in the state in which his cause of action arose whom he would consider to represent him, along with all the other questions that the prospective client deems important in selecting the attorney best qualified and experienced to prosecute his or her potential litigation.

For example, the first of attorney Henke's credentials discussed below is his Martindale & Hubbell rating. And indeed, often as lawyers consider recommending or referring clients to lawyers in other states they will commonly consult the lawyers' Martindale & Hubbell "legal ability" and "ethical standards" ratings. Martindale & Hubbell is the most respected attorney rating directory in the United States. The ratings are most commonly based upon interviews with Judges before whom the lawyer has appeared and interviews with other prominent lawyers in the attorney's community.

Law Group attorney, Henke and his law firm are "AV" rated by Martindale and Hubbell, the highest lawyer "legal ability" rating ("A") and highest attorney "general ethical standards" rating ("V"). The "A" is defined by Martindalee & Hubbell to mean "very high to preeminent" in "legal ability" and the "V" is defined to mean "very high" in "general ethical standards". According to Martindale & Hubbell: "AV Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Martindale & Hubbell also assigns numerical ratings, from 1.0 to 5.0, with 4.5 to 5.0 satisfying the criteria for an "AV" rating. Henke's numerical rating is 5.0.

He is recognized as one of the "Top Lawyers in America," a member of the Million Dollar Advocates Forum, commonly referred to as "the most prestigious group of trial lawyers in the United States."

He is a former Governor of LATLA, the 5th Largest Trial Lawyer Association in the United States, elected and reelected to the position, year after year, by LATLA's large trial lawyer membership.

He was nominated by LATLA for the coveted and prestigious "Trial Lawyer of the Year" Award. He was also given its President's Award, and was given the privilege to serve as the Editor-in-Chief of the Association's Law Journal, "The Advocate.".

His cases, trial work and victories have been the subject of substantial legal commentary in respected state and national legal journals from the National Law Journal to the California Lawyer.

His cases and trial work have also been the subject of substantial legitimate news coverage from front page articles in the New York Times and Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner. He has appeared to discuss his cases on national legitimate television news, Tom Brokaw's Evening News, CNN; his cases, trial strategies and successes have also been described in 2 books.

He has also testified before Congress at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives specifically with regard to his successful prosecution of certain cases, and his contention that punitive damages are an important tool in where the defendant, by his behavior has maliciously or consciously disregarded the lives and safety of others.

He has also published over 30 legal articles in professional journals from "Trial" the Journal of the American Trial Lawyers Association, "The Forum," the Journal of the California Trial Lawyers Association, Consumer Attorneys Association of California, and the "Advocate," the Journal of the Los Angeles Trial Lawyers Association, Consumer Attorneys Association of Los Angeles, including , "Mandatory Class Action," Trial Magazine, ATLA; Henke with Professor Dean Neubauer, "Medical Malpractice Legislation," Trial Magazine, ATLA, "Negligence Per Se and Drug Product Liability Cases," Advocate, LATLA; "Statute of Limitations/Delayed Discovery Rule in Drug Product Liability Litigation," Advocate, LATLA, "Amending the Complaint at Trial to Add Punitive Damages, "Advocate," LATLA; Henke with Inner Circle Member James Butler, "The Right of Counsel to Speak to Press on Pending Civil Litigation: First Amendment Protections Reaffirmed," Forum, CTLA; "Falsification of Medical Records: How to Establish it and how best to handle it," Advocate, LATLA; "Medical Malpractice, Overcoming Common Defenses in Uncommon Medical Malpractice Cases," Forum CTLA; "Children’s Rights v. Government Claims Provisions," Advocate, LATLA; "Statistics," Advocate, LATLA; "Defendant's Counsel's Sub-rosa Interview with Plaintiff's Treating Physicians," Advocate, LATLA; "Special Defenses, "Advocate, LATLA; "Framing Economic Damages," Advocate, LATLA; "Character Evidence and the Ostensible Secondary Purpose, " Advocate, LATLA; "Legislation," Advocate, LALTA; "Proving Economic Damages of Undocumented Aliens, " Advocate, LATLA; "Initiative Checklist," Advocate, LATLA; "Selecting the Medical Negligence Case," Advocate, LATLA; "The Reasonable Suspicion Standard in Drug Product Liability Cases," Advocate, LATLA; "Use of Rebuttal Expert Testimony at Trial,"Advocate, LATLA; "Proving Negligent Failure to Diagnose a Rare Disease," Advocate, LATLA; "Breach of the Physicians Obligations of Confidentiality," Advocate, LATLA; "Taking Expert Depositions," Advocate, LATLA; "Jury Selection," Advocate, LATLA; "Epidemiology and Applied Statistics," Advocate, LATLA; "Recovery for Increased Susceptibility for Future Medical Disease," Advocate, LATLA; "Strict Liability," Advocate, LATLA; "Contention Interrogatories," Advocate, LATLA; "Ex Parte Interviews with Plaintiff's Treating Physicians," Advocate, LATLA; "The High Cost of Forum Depositions," Advocate, LATLA. Full Bibliography Available Upon Request.

He has also obtained extraordinary published state and federal appellate results, including in sophisticated litiagtion effecting lasting, significant changes in the law favorable to his clients and other plaintiff litigants. An attorney's experience in appellate advocacy is not only useful on appeals, but may be important in some cases to overturn before or during trial a bad ruling of the trial judge that guts the case or deprives the client of an element of his damages. To take one example, in the context of pre-trial motions a Judge struck Henke's clients' punitive damage claims relying of newly enacted tort reform legislation requiring that in cases against health care providers the punitive damage claim must not be stated in the original complaint, as was the practice when the complaint was filed prior to enactment of the law, but by amendment to the complaint based upon evidence of the validity of the punitive damage claim. Henke obtained a stay of the trial to take an extraordinary writ to the appellate court, obtaining an immediate decision from the Court of Appeals ordering the trial court to reinstate the clients' punitive damage claims, and then he went forward to obtain in addition to compensatory damage awards for his clients, a $1.6 million punitive damage jury verdict against one of the defendants.

To take another example, after more than 1000 federal cases involving children who had suffered serious birth defects were assigned by the federal Judicial Panel on Multi-District Litigation to a federal Judge sitting in the United States District Court for the Southern District of Ohio, the District Court Judge in Ohio certified a "mandatory class action" binding together the 1000 birth defect cases assigned to his court and all the other thousands of birth defect cases involving the drug filed nationwide, including those filed independently in the state courts. The pharmaceutical product liability lawyers in Henke's office had over 40 cases involving exposure to the drug, most of them involving children born with severe limb defects, and had developed an extensive list of experts fully prepared to testify in the individual trials against the manufacturer. The Plaintiffs' Lead Counsel Committee and the attorneys for the drug manufacturer then settled the mandatory class litigation involving the thousands of children born with birth defects nationwide for $120,000,000. The federal District Court Judge then issued an order approving the settlement. Group attorney Henke and his other firm members considered the settlement to be woefully inadequate to compensate the many thousands of children with serious birth defects for even the smallest fraction of the fair measure of the value of their injuries and damages. So Henke filed a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit challenging the District Court's certification of the mandatory class action and settlement. Attorney Henke's petition for writ of mandamus was successful in obtaining the United States Court of Appeals' order instructing the District Court Judge to decertify the mandatory class and void the class settlement.

Henke had argued that "mandatory class action" offended the individual client's right to the attorney of his choice, and control over his individual litigation, arguing that the sole legitimate exception that the Court of Appeals should recognize should be that mandatory class action might be justified in the rare instance where the defendant had a demonstrated limited fund of assets and insurance insufficient to pay all claims brought against it, proof that the large manufacturer in this class action clearly could not and had not substantiated. The United States Court of Appeals adopted Henke's arguments, issuing a landmark published decision severely restricting the availability of mandatory class actions, with the sole exception mentioned above. The decision altered the law of class action in an enduring way, and now almost all class actions must be framed as "voluntary class actions" where each plaintiff has the opportunity to opt out, choose his own attorney to represent him and pursue his individual litigation independently if he so chooses. The case indeed applies to all mass tort litigation, and all class actions, rendering mandatory class action essentially unavailable except in very rare class litigation.

Mr. Henke received his Juris Doctorate degree from the University of San Francisco, was a member of the USF Law Review, received the American Jurisprudence Award for Civil Procedure, and interned at the United States Court of Appeals for the Ninth Circuit while in Law School.

Martindale & Hubbell ratings, elected offices in trial lawyers associations, awards and honors from professional organizations, recognition in professional journals, publications in trial lawyer journals, significant appellate victories, and experience preparing and presenting to settlement judges and juries cases in the legal subject area of the potential client's case, as well as the relevant settlements and jury verdicts the lawyer has obtained as the lead trial attorney, are all credentials that a potential client may wish to consider in comparing the qualifications of the lawyers whom he would consider to represent him, among such other qualifications as the client deems important in the lawyer who will represent him. We strongly recommend that decisions with regard to the choice of a lawyer be made on the basis of legal qualifications, and we welcome all prospective clients to inquire about our Group lawyers' qualifications.


Our Premises Liability Lawyers Provide the Following Attorney Disclaimers For All States of the United States, including Alaska to Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming .

Please read the full Terms and conditions on our Required Legal Notices page. The following is a synopsis:

Please understand that this Premises Liability Lawyers page, and all other pages on this site are provided for informational purposes only, describing the various practice areas discussed. The content of the pages, including this page, are not intended as legal advice and should not be interpreted as legal advice; and in particular the content should not be interpreted as legal advice as to the potential merits or viability your particular case or any particular case.

Our premises liability lawyers provide free consultations to those who contact us, but again, you must understand that if we are unable to accept your case, that will be merely a function of our law firm specific intake guidelines and should not be interpreted as a conclusion on our part that your case lacks merit or that it is not viable litigation.

Furthermore, please understand that merely reviewing this site, this premises liability lawyers web page or any of the other pages of this site, or submitting a case evaluation request, or speaking with Mr. Henke or another attorney does not and cannot create an attorney-client relationship with Mr. Henke or his law office. The only way that an attorney-client relationship can be created with Mr. Henke or his law firm is by a written attorney-client retainer agreement signed both by the client and Mr. Henke. If a case does not fall within our office intake guidelines or if it arises in another state, we may recommend or refer you to another lawyer, but please understand also that our recommending or referring you to another lawyer does not create an attorney-client relationship with Mr. Henke or his law firm. We do not supervise any litigation undertaken by any other lawyers, including attorneys or law firms to which we may recommend or refer a client. The recommendation or referral of potential client to another lawyer does not give rise to any duty or obligation or responsibility on the part of Mr. Henke or the Henke Law Office. Furthermore, every client must independently investigate the credentials of any lawyer whom he would consider to represent him, and the Henke law office does not under any circumstances accept liability for the errors or omissions of other lawyers or any other liability including in connection with his recommendation or referral of the client to another lawyer. Our Law Group, as set forth above, is merely a loose affiliation of lawyers with respect for one another; we are not a law firm or a partnership or association of lawyers.

It is the intent of our Group personal injury lawyers in framing this page, and the content of this Serious Injury Attorneys web site, to comply with all laws and attorney ethical rules in all states in which such rules exist. Specific Rules applicable in particular states are set forth below and on the Required Legal Notices Page of this web site, which we invite you to consider, and which we incorporate on this web page.

By virtue of the characteristics of Internet communication of lawyer advertisements generally, including by the ability of persons to view the advertisement beyond state borders, and indeed worldwide, the following notices are provided for all states of the United States. The state laws and state bar rules and other laws governing Internet communication generally and lawyer advertisements in particular are constantly changing. Mr. Henke, has made an effort on this general informational web page and on the Required Legal Notices page to comply with all the applicable state laws, state bar rules and other rules governing lawyers and attorneys in anticipation that this lawyer advertisement might be viewed by citizens of any state of the United States: This attorney advertisement, authored by attorney Henke, is not intended for those whose potential cases do not have a nexus with the state of California, e.g., by virtue the cause of action arising in the state or a defendant's incorporation in the state or the location of its principal place of business in the state.

The following are particular admonitions intended to comply with the laws and rules of the identified states:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, Henke Law Office attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

For all those states which consider informational lawyer web pages to be advertisements, please take notice, this web site and web page is an advertisement. Mr. Henke considers the foregoing disclaimers to be good for all to consider, including that decisions with regard to your choice of lawyer should not be made based on the content of attorney advertisements, and the disclaimers in this section and on the Required Legal Notices page should be considered by those seeking counsel in all states: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon attorney advertisements or self-proclaimed expertise. The lawyers of the Law Group and Henke Law Office state: “Before you decide on an attorney to represent you, to the extent that you may consider this office, please ask us to send you free written information about our qualifications and experience.” We do not hold ourselves out to be specialists in states which certify specialists. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

This web site and the instant page are not intended by Henke for the purpose of soliciting any prospective clients in any state except California for the commencement of any civil action. If attorney Henke were to file a civil lawsuit in any of the other state, he would do so only on the request of an attorney who was a member of the Bar of the other state, who would serve as the local attorney in the litigation, only in connection with pending litigation, with the consent of the client, and only with the permission of the state court for Henke to appear as the attorney for the client pro hac vice. We do not solicit clients in any such state; we will only consder inquiries from attorneys in these other states who consider that they might benefit from our expertise.