Premises & Retail Liability

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The Premises and Retail Liability Practice Group is experienced in the handling of all aspects of retail liability claims, including but not limited to:

  • Premises liability and its various subtypes (sidewalk defects, ice/snow, spilled substances, employee negligence, etc.)
  • Professional liability within the retail industry and specific to individual retailers. Examples include pharmaceutical malpractice, automobile mechanical malpractice, service station malpractice and sales misrepresentations
  • Retail theft and compliance with the Retail Theft Acts under various States
  • Product liability and vendors endorsements
  • Risk Transfer issues for landlords and tenants
  • Fraudulent claims, which are handled in conjunction with our firm's Special Investigations Unit

Our attorneys also provide clients with liability prevention techniques and specialized seminars that can be conducted at the client's business location. 
 
Members of the group share information on applicable defenses, changes in law, trial tactics and strategies, and research on issues of the law. Each office has access through our state-of-the-art computer system to a bank of briefs and other materials for the expedient and efficient handling of retail claims from inception to conclusion.
 
All cases entrusted to us are handled in the most efficient and cost-effective manner in conjunction with the goals of the client. At each of our offices, there is at least one partner and one associate who are members of this practice area. Each case referral is either assigned directly to a partner or, in lower-exposure matters, an associate whose work would be overseen by a partner in the group.

We are associated and active with retail and hospitality committees within organizations such as CLM as well as a founding member of the National Retail & Restaurant Defense Association. Our attorneys are also actively involved in the Pennsylvania Chamber of Business & Industry and the Pennsylvania Retailers Association.

Klekotka_Walter
Walter J. Klekotka, Co-chair
Nash_Alan
Alan C. Nash, Co-chair

A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not Enough to Establish Constructive Notice of a Hazard.

Pittsburgh
Premises & Retail Liability
The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the case to federal district court, it filed a motion to dismiss.  Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Cleveland
Premises & Retail Liability
Insurance Services – Coverage & Bad Faith Litigation
The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a fire-damage claim was denied. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Superior Court Clarifies Meaning of 'Lawful' Under Statute of Repose.

Philadelphia - Headquarters
Premises & Retail Liability
This matter concerned claims of defective construction by the plaintiff against defendant for a home built in 2004. The plaintiff’s suit was filed after the 12-year limitation set forth in the Statute of Repose, 42 Pa. C.S. § 5536(a).  Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Superior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those Utilizing Roadway.

Philadelphia - Headquarters
Premises & Retail Liability
The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on the street to attend the auction. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Summary Judgment Obtained on Behalf of Large National Retailer

Premises & Retail Liability

We secured a summary judgment in a case in which the plaintiff slipped and fell on our client’s premises. An employee had clocked out and was in the process of gathering his personal belongings from the front-end counter when he allegedly created a dangerous condition by dropping his “personal jug” of iced tea on the floor, which the plaintiff slipped on. We argued that the retailer was not vicariously liable for the acts of the employee, who was “off the clock” at the time.

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Summary Judgment Secured in New York Slip-and-Fall Case

Premises & Retail Liability

We were granted a motion for summary judgment in a slip-and-fall case before a court in Queens County, New York. The plaintiff argued that she fell down the stairs located inside employer’s store. As she could not sue her employer, she instead sued the landlord. We successfully argued that our client was an out-of-possession landlord that held no liability to the plaintiff. Further, she successfully argued that our client was not contracted to maintain the premises.

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Defense Verdict Secured in Highly-Contentious Slip and Fall Case

Product Liability
Premises & Retail Liability

We obtained a defense verdict in a slip and fall case which allegedly occurred in a New York supermarket. The plaintiff, a supermarket employee, claimed that he slipped and fell on water from a floor washing machine being used to clean the floors. During investigation of the claim, we discovered that the plaintiff slipped and fell on water from frozen food that he was unpacking. At trial, we successfully argued to preclude the plaintiff’s expert from testifying that the floor washing machine was leaking water in that this expert never inspected the floor washing machine.

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Unanimous Defense Verdict in Premises Liability Case

Premises & Retail Liability

We secured a unanimous defense verdict in a premises liability case where an intoxicated social guest fell down stairs at the defendant’s home. As the plaintiff supplied her own alcohol and was dutifully cared for by the defendants after her intoxication, the jury found for our client.

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Defense Verdict in Premises Liability Case

Premises & Retail Liability

We obtained a defense verdict in a premises liability case where the plaintiff alleged that she tripped and fell on the defendant’s row home stairs outside the property. After less than an hour of deliberations, the jury found negligence, but no causation for the plaintiff’s injuries.

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