General Liability and Commercial Litigation Defense

Cost-Effective Litigation Solutions

The litigation attorneys of Jenkins Fenstermaker, PLLC, are aware that the costs of litigation can hurt even the largest business' bottom line, and approach litigation with a goal-oriented, cost-effective strategy. Its attorneys investigate, evaluate and assess risks early in a case, with a goal of avoiding or limiting litigation. Where litigation is unavoidable, Jenkins' approach strengthens defenses and minimizes weaknesses.

Jenkins Fenstermaker has more than 90 years of litigation experience. The firm provides efficient and effective litigation equally for insurance companies, small family-owned businesses and Fortune 500 companies.

General Liability and Insurance Defense Practice

Jenkins Fenstermaker defends local, regional and national business clients against all types of personal injury, wrongful death, and property damage actions, including those based on premises liability and general negligence theories. The firm has handled cases in every jurisdiction in West Virginia, Southern Ohio and Eastern Kentucky. Jenkins' litigation experience encompasses every aspect of personal-injury and property-damage litigation, from developing a defense strategy to alternative dispute resolution.

Jenkins' approach is to act quickly at the outset of a case to thoroughly investigate and evaluate the exposure, hire the right experts and resolve the matter quickly. Clients benefit from its attorneys' desire to learn more about their business and the science involved in their most challenging cases. Jenkins Fenstermaker, PLLC's attorneys also have relationships with experts in virtually every field, including engineering, industrial hygiene, chemistry and material science, fire, safety equipment, computer forensics, engineering forensics, failure analysis, toxicology, construction, architecture, industry standards, government regulations, biomechanics, product design, human factors, medicine, life care planning, economics, product warnings, and accident reconstruction.

Transportation Litigation

The road structure, combined with the coal and lumber industry of West Virginia give rise to unique accidents, often with fatal or nearly fatal consequences. Jenkins' litigators are experienced in both the transportation and regulatory aspects of this litigation as well as the unique contractual arrangements that govern these parties.

Municipal Liability Defense

Jenkins' practice begins with the West Virginia Governmental Tort Claims act and continues through trial in both state and federal courts. Its attorneys understand these unique claims, which combine complex statutory, common law and even regulatory theories. They understand the full array of liabilities a public entity may face, and capably invoke applicable immunities. In addition to municipal liability representation, Jenkins Fenstermaker also represents governmental entities in commercial transaction litigation. The firm is also engaged in providing ongoing advice to public entities to aid in risk management and liability avoidance. Recent case issues include:

  • Civil rights claims against all municipalities
  • Excessive force by police departments, police, and correction officers
  • Unnecessary use of police equipment: flashbang, tear gas, pepper spray, tasers, etc.
  • Political retaliation
  • Sexual harassment and racial discrimination
  • Failure to protect prison inmates
  • Failure to provide required medical care
  • 1st, 4th, 5th, 8th and 14th Amendment violations
  • Section 1983 claims

Defense of Consumer Litigation

In today's litigious climate, businesses face a barrage of consumer claims and evolving or expanded theories of liability which, if not properly managed, can result in significant economic damages. The firm has developed expertise in the defense of consumer disputes involving:

  • Claims of fraud
  • Breach of express and implied warranty
  • Truth-in-lending
  • West Virginia Consumer Credit Protection Act
  • Fair debt collection
  • Uniform Commercial Code

We have defended and ultimately resolved actions against automobile dealerships, manufacturers, collection services and rental companies.

Commercial Litigation

In addition to personal injury and consumer matters, Jenkins Fenstermaker's attorneys have experience handling many types of business and commercial litigation issues, including:

  • Construction disputes
  • Fire losses
  • Contract disputes
  • Eminent domain
  • Arbitrations
  • Embezzlement
  • Corporate malfeasance
  • Commercial Real Estate and Financing
  • Creditors' rights
  • Bankruptcy
  • Tax
  • General business disputes

Contact Charleston Insurance Defense Attorneys ∙ 866-617-4736

Jenkins Fenstermaker, PLLC, provides representation for clients in West Virginia, Kentucky and Ohio, backed by more than 90 years of legal experience. Call 304-521-4571 in West Virginia, or 866-617-4736 toll free to schedule a consultation with a lawyer from the firm regarding personal injury and commercial litigation.