If I'm getting sued but I'm not the only defendent, do each of us get our own attorney?

Question

I'm a business owner and a customer fell in front of my business 2-3 years ago and is now suing us for damages. This woman is suing not only me but my landlord and insurance company. What do I need to do? Isn't my insurance supposed to cover these freak accidents? Do I need to hire an attorney? Should I counter-sue?

Answer 1

Yes, consult an attorney. I would not use the same lawyer as your landlord. In most cases like this, your landlord should be responsible, not you. If you do not own and have the responsibility of maintaining the property in front of your business, it should not be your responsibility financially to compensate someone for a personal injury claim. Check your lease or rental agreement closely. Also, check the statute of limitations on the time allowed for filing personal injury claims in your state.

Answer 2

In Caifornia the statute of limitation for personal injury is one year. Unless the plaintiff does something to begin the legal action before the statute runs the issue becomes res judicata
and cant ever be brought.
It is important to note that there is a difference between your property, where you may be liable and the so called "curtilage" of the property. How close was the patron when she fell? If she was outside the boundary of your property she has no cause against you. See Lewis v. Razzberries. And, even if the fall took
place on your property, there still must be notice, either actual or constructive of the hazard with failure to take care of the problem in a timely fashion. Since she was a customer, you have a duty to her as a business invitee to inspect and make safe all known hazards on the property which can be repaired without undue hardship or expense. See Rowland v. Christian, Totten v More Oakland Residential Housing, etc.
The question of who is the proper party to sue or the so called "Real Party in Interest" is usually left to the court by naming all possible parties in the complaint. Non responsible parties are then excused in pretrial, then the case begins.
The first thing I suggest you do is consult an attorney if you have not already done so. It may be possible to move to dismiss the complaint if the statute has run, or if the injury was off your property or not reasonably foreseeable. See Palsgraff.
Second, your insurer should be the proper party here. I would
check your policy and make sure. I would not use the same attorney as any other defendant, because a lawyer is only supposed to defend one client. As far as a suit goes, I think you are talking about a cross claim and not a counter claim. This is called an action in indemnity, a cross claim because its against a co-defendant.
It should also be noted that only in some criminal cases does a defendant get appointed counsel, and that has only been since the High Courts holding in Gideon v. Wainright.