Retail premises liability
Today’s retailers face significant exposure with personal injury, and litigation brought under various accessibility codes. Our attorney have represented shopping center owners, restaurants and apartment owners, theaters, and a wide variety of other retailers and their carriers to defend slip/trip and fall suits, as well as other premises liability and other retail liability claims. We have also defended retailers and property owners against claims of civil rights violations, discrimination, state disability act claims, ADA claims, negligent security claims, claims involving food borne illness, false imprisonment, claims of abuse made by disruptive customers seeking remuneration, as well as allegations of assault made while on the premises by both employees and unrelated third parties. In addition, our attorneys have defended property owners against claims of personal injury by employees of independent contractors.
Not only do we aggressively defend our clients against premises liability and accessibility cases, we also assist them in formulating policies and procedures to prevent injury and provide for access code compliance to increase the likelihood of a successful defense. We advise our clients in the development of maintenance programs, employee training, and safety manuals. We also work with an extensive network of architects and engineers to alert clients to potential ADA and related accessibility requirements.
Our recent successes in defending premise and retail liability matters include:
- Summary judgment on behalf of restaurant owners affirmed on appeal where plaintiffs alleged restaurant owners failed to remedy, repair or warn of a dangerous condition causing plaintiffs to slip and fall with one plaintiff breaking her hip and shoulder.
- Summary judgment granted on behalf of restaurant and property owner based on allegations of inadequate security by not providing metal detectors to prevent shooting.
- Defense verdict where plaintiff alleged apartment owner failed to repair or warn of dangers condition at apartment complex causing plaintiff to trip and fall.
- Defense verdict federal class action in which plaintiffs asserting federal and state disability access claims alleging that theater owner failed to provide disability access as required by ADA and state disability access laws.
Phillips Law attorneys have also been successful in dispositive motions involving dram shop liability including a case in favor of a fraternity when a minor consumed alcohol at a private event and subsequently caused an accident.