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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.

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May 11, 2017
Obtained a defense verdict in a jury trial on behalf of a regional supermarket chain. ​A vendor claimed he was struck by a large swinging door that was extended beyond its limits by a piece of machinery being operated by a store employee. When the...
May 11, 2017
We successfully defended a premises liability claim at arbitration on behalf of a beauty supply retailer. The plaintiff was a patron of the store, which sold wigs and assorted beauty products. While sitting at a vanity trying on a wig, a five-foot...
Dec 6, 2016
We received a significant victory in a highly-contested food poisoning case. ​The plaintiff had eaten at a national Italian restaurant chain the night before scheduled back surgery. Post-surgery, the plaintiff became ill, and a blood test revealed a...
Sep 21, 2015
Obtained summary judgment on behalf of a retail store client in a premises liability matter. The plaintiff walked into an automatic door that opened toward him at a retail store. He claimed that the door was defective, causing it to swing...
Sep 29, 2014
Obtained a defense verdict on behalf of a national grocery store chain in a jury trial in the Philadelphia Court of Common Pleas. The claim was brought by a customer who fell in water in a store aisle, resulting in an alleged cervical herniation as...
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...

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Law Alerts April 1, 2017
The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center. The defendants, Acme and Fox Run, sought dismissal of Acme and its owner Albertsons because the lease agreement between Acme (tenant) and Fox Run (landlord)..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts April 1, 2017
The appellate division held that a retailer was entitled to summary judgment because the plaintiff could not identify the cause of her fall without engaging in speculation. The defendant pointed to testimony from the plaintiff that she was not sure..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts April 1, 2016
The plaintiff slipped and fell on liquid dish detergent that had spilled onto the floor approximately three feet from the checkout counter. The motion judge granted the defendant’s motion for summary judgment, finding that the plaintiff failed..., Case Law Alerts, 2nd Quarter, April 1, 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts April 1, 2016
The plaintiff fell from a stepladder that he purchased from Home Depot. The record revealed that the ladder was manufactured by a separate entity. The plaintiff was using the ladder to clean his home’s rain gutters, which he had done twice per..., Case Law Alerts, 2nd Quarter, April 1, 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts February 1, 2016
In Troupe v. Burlington Coat Factory, A-1687-14T4, 2016 N.J.Super. LEXIS 17 (App. Div. Jan. 26, 2016), the plaintiff slipped on a berry and fell in an aisle near the children section within Burlington Coat Factory. Upon the defendant's motion..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Articles February 1, 2015
Articles December 15, 2014

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November 15, 2016
Marshall Dennehey announced today that Joseph J. Rava, a veteran of the insurance and defense litigation industries, has joined the firm's Westchester County office as a shareholder in the Casualty Department. Previously, he was regional house counsel for Harleysville/Nationwide Insurance, where he...
Conference Feb 11, 2015
Attorney Jacqueline Canter will be participating in a panel discussion at the annual NRRDA Conference on the following topics: "You Got To Know When to Hold 'Em" - Surveillance Video: How it Can Help You and How it Can Hurt You....
Mar 2, 2016
Robin Romano, a shareholder in the Workers' Compensation Department, and Jacqui Canter, a shareholder in the Casualty Department, are speaking at the National Retail and Restaurant Defense Association 2016 Annual Conference in Florida. Robin is...
Conference Mar 1, 2017
NRRDA is an independent, non–profit, networking association of legal and claims professionals in the retail and restaurant industries. Membership in NRRDA places you at the forefront of the development of strategies to reduce the number and...

Co-Chair

Jacqueline H. Canter
Co-Chair, Retail Liability Practice Group
(215) 575-2805
jhcanter@mdwcg.com
Walter J. Klekotka
Co-Chair, Retail Liability Practice Group
(856) 414-6032
wjklekotka@mdwcg.com

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