On the Pulse...Retail Liability Practice Group

By Jacqueline H. Canter, Esq.*

The Marshall Dennehey Retail Liability practice group is devoted to handling all litigation-related issues plaguing our many retail and restaurant clients. Our representation of these establishments has long played a substantial role in the Marshall Dennehey book of business. In 1995, it became clear that the specialized needs of our retail and restaurant clients would be best served by a dedicated practice group. Thus, the Retail Liability practice group was formed. Our multi-regional presence and continual geographical expansion have attracted many large retail and restaurant chains, who continue to reap the benefits of this specialized practice group.

Not surprisingly, the size of our retail clients range from small "mom-and-pop" shops to large national, multi-national retail and restaurant chains. The Retail Liability practice group handles a full array of retail liability issues and cases, including, but not limited to:

  • Premises liability and its various sub-classifications (sidewalk defects, ice/snow, spilled substances, falling merchandise, employee negligence, etc.);
  • Professional liability within the retail industry (pharmaceutical malpractice, automobile mechanic malpractice, service station malpractice, sales misrepresentations, etc.);
  • Retail theft and compliance with retail theft statutes of the various jurisdictions, false imprisonment or "bad-stop" cases;
  • Product liability and food poisoning;
  • Vendor endorsements;
  • Lease agreement obligations for landlords and tenants, and the duties of each to defend and indemnify; and
  • Fraudulent claims (handled in conjunction with our firm's Special Investigations Unit).

 

Members of the Retail Liability practice group are routinely called upon to review and/or draft training manuals for store employees on issues such as accident investigations, store safety inspections, shoplifting and theft deterrence. We are often asked to present management and employee training seminars to retail clients. We have handled quasi-criminal matters for retail clients who have been charged with selling alcohol and cigarettes to minors or with the violation of licensing and inspection. On the professional front, our members have spoken at countless legal education seminars on various retail liability topics.

As a Charter Board Member of the National Retail and Restaurant Defense Association (NRRDA), we have been involved in and are dedicated to supporting our clients through this association. We are actively involved in several committees and are involved in the planning of their annual conference, which is designed to provide critical information about key issues that affect the retail and restaurant industry.

NRRDA is comprised of representatives of some of the largest national retail and restaurant chains, attorneys who regularly represent restaurants, retail and general liability insurers, and members of related industries. NRRDA's mission is to advance and protect the interests of the retail and restaurant industries by developing strategies to reduce the number and severity of claims, manage common risks and enhance our defense position in litigated matters. Marshall Dennehey continues to support the association because of the valuable services and resources it provides our colleagues and clients in the retail and restaurant industries.

The Marshall Dennehey Retail Liability practice group has grown significantly since its inception. We are uniquely positioned to provide strategic legal and business counsel to the entire spectrum of challenges the retail and restaurant community face when confronted with extraordinary claims. Clients, especially those with large self-insured retentions, have recognized that their interests are best served by retaining retail liability specialists, sensitive to the more subtle aspects of their litigation needs.

            For further information, or to make case referrals, please contact:

 

Howard P. Dwoskin, Esquire

2000 Market Street, Suite 2300

Philadelphia, PA 19103

Direct Dial: 215.574.2664

Fax: 215.575.0856

E-Mail: hpdwoskin@mdwcg.com

 

Jacqueline H. Canter, Esquire

2000 Market Street, Suite 2300

Philadelphia, PA 19103

Direct Dial: 215.574.2805

Fax: 215.575.0856

E-Mail: jhcanter@mdwcg.com

 

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Defense Digest, Vol. 19, No. 2, June 2013