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Retail Liability

The Retail Liability Practice Group is experienced in the handling of all aspects of retail liability claims. This group handles a full array of retail liability issues 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 Pennsylvania Retail Theft Act
  • Product liability and vendors endorsements
  • Lease agreement obligations for landlords and tenants and the duties of each to defend and indemnify
  • Fraudulent claims, which are handled in conjunction with our firm's Special Investigations Unit

 
The Retail Liability Practice Group also provides clients with liability prevention techniques and specialized seminars that can be conducted at the client's business location. Members of our group have presented a number of such seminars and have learned as much from our retail clients as we hope we conveyed to them in the active dialogue that prevails at these meetings.
 
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 throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York, 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.
 
The Retail Liability Practice Group serves clients in communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.  We are associated and active with the Pennsylvania Chamber of Business & Industry and the Pennsylvania Retailers Association.

Pages

Oct 17, 2011
Attorneys obtained summary judgment in a strict liability case. In that case, plaintiff alleged that he fell on slippery yellow caution lines painted in a parking garage. Plaintiff alleged that the paint was defective, however, testimony elicited...
Sep 19, 2011
Attorney obtained summary judgment in a negligent security/premises liability claim. The plaintiff alleged that he was assaulted in our client's store by a third party and that the store was responsible for the assault because it failed to provide...
Jul 18, 2011
Attorneys represented our client in a claim for personal injuries which included a closed-head trauma and claims of extensive neurological and neuropsychological damages. Plaintiff, a 38-year-old tenant on the defendant's residential property...
Apr 1, 2011
Attorney obtained a defense verdict in a jury trial.  Plaintiff, a 71 year old female, slipped and fell in the produce section of a food market.  There were Medicare implications including a future set aside.  The whole incident was caught on film...
Mar 1, 2011
Attorney obtained a defense verdict following a six-day jury trial. The plaintiff, an elderly woman walking behind her daughter and grandchildren, fell off the side of a curb after shopping at the client's store.  She sustained significant injuries...
Mar 1, 2011
Attorney obtained a defense verdict in a case where plaintiff claimed that she tripped and fell down the steps when a piece of the top step broke off unexpectedly inside the home she rented from our clients.  Our clients testified that they had no...
Dec 16, 2010
Attorney obtained a defense verdict in a federal jury trial. Plaintiff sustained a compression fracture in her lower back during a fall at the store and claimed the store was negligently maintained. The jury found that the store was not negligent.
Dec 16, 2010
Attorney obtained a defense verdict in a premises liability case in which he successfully defended a nail salon. The plaintiff was a 67-year old woman who had just received a pedicure. She was instructed to walk from the pedicure chair to the...
Aug 23, 2010
Attorneys obtained summary judgment in a premises liability matter. The plaintiff, an out of state resident, has a very unique occupation. He is the equivalent of an industrial "spiderman" and one of the few individuals in the United States that...
Jun 28, 2010
Attorneys obtained a defense verdict after a 4 days trial in a case involving a trip and fall over a crowd control device (stanchions and velvet ropes defining the VIP bottle room at an upscale bar). On liability, the defense presented that there...

Pages

Law Alerts April 11, 2013
Deputy Sheriff Bylsma ordered a Whopper at a drive thru. He became suspicious after he received his food. He pulled over and found a glob of spit in the burger. He had DNA testing conducted, and it matched one of the employees of the restaurant. His..., Case Law Alerts - 2nd Quarter 2013

Chair

Howard P. Dwoskin
Assistant Director, Casualty Department
(215) 575-2664
hpdwoskin@mdwcg.com

Co-Chair

Jacqueline H. Canter
Co-Chair, Retail Liability Practice Group
(215) 575-2805
jhcanter@mdwcg.com

Related Practice Areas

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