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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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Aug 24, 2018
Obtained a defense verdict on behalf of a supermarket in a premises liability case in the Court of Common Pleas of Cumberland County, Pennsylvania. The plaintiff claimed that she was injured when her hand was trapped in a deli case door that was...
Aug 30, 2017
Obtained summary judgment on behalf of the world’s largest furniture retailer in the Butler County, Ohio Court of Common Pleas. ​The plaintiff was sitting on a pallet in the self-service aisle when a boxed sofa fell on her. The plaintiff...
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...

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Law Alerts October 1, 2019
The Pennsylvania Superior Court upheld summary judgment in this slip and fall case because the record contained no evidence to indicate the period of time the spill existed on the floor. The court addressed the plaintiff’s argument that the..., Case Law Alerts, 4th Quarter, October 2019 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 October 1, 2019
In this personal injury action, the plaintiff slipped and fell on a puddle of water without any notable marks or debris in a Target store. After her fall, she continued to shop in the store and checked out with purchases. The plaintiff’s..., Case Law Alerts, 4th Quarter, October 2019 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 July 1, 2019
The plaintiff claimed she fell on ice and snow on a sidewalk at a Royal Farms location. Upon filing a motion for summary judgment, the defendant property owner submitted a photograph depicting the open and obvious icy conditions and relied upon the..., Case Law Alerts, 3rd Quarter, July 2019 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 July 1, 2019
The plaintiff alleged she slipped and fell in a Wal-Mart parking lot while it was snowing. The Wal-Mart store opened at 6:00 a.m., and Wal-Mart’s snow removal contractor, Tree Fellas, LLC, arrived onsite between 6:00 a.m. and just after 7:00 a..., Case Law Alerts, 3rd Quarter, July 2019 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 July 1, 2019
The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow removal services. Nonetheless, the plaintiff..., Case Law Alerts, 3rd Quarter, July 2019 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...
Defense Digest Article June 1, 2019
Defense Digest, Vol. 25, No. 2, June 2019 By Daniella R. Price, Esq.* Key Points: A business or property owner’s conscious and unilateral decision to preserve only a fraction of the requested video because of a “rule of...,   Defense Digest, Vol. 25, No. 2, June 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to...
Law Alerts April 1, 2019
The plaintiff claimed he fell and sustained injuries due to a defective sidewalk abutting a building at 78-80 Mallory Avenue in Jersey City. In response to the plaintiff’s Notice of Tort Claim served on the City of Jersey City, the plaintiff..., Case Law Alerts, 2nd Quarter, April 2019 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, 2019
This is another case where timing matters. The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow..., Case Law Alerts, 2nd Quarter, April 2019 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, 2019
This case speaks to so many defense attorneys who are tasked with defending our clients against slip-and-fall plaintiffs who cannot articulate or prove the claimed “hazard” that purportedly caused their injuries. In this federal case out..., Case Law Alerts, 2nd Quarter, April 2019 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...
Defense Digest Article March 1, 2019
Defense Digest, Vol. 25, No. 1, March 20196 by Michael S. Miller, Jr., Esq.* Key Points It is not “reasonable conduct” for a business invitee to pay attention to product shelves rather than the floor in front of her. A..., Defense Digest, Vol. 25, No. 1, March 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

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January 23, 2018
Experienced trial attorney Heather Russell Fine has joined Marshall Dennehey's Philadelphia office as a shareholder in the firm's Casualty Department. Ms. Fine was previously a partner at Griesing Law LLC and at Eckert Seamans Cherin & Mellott, both in Philadelphia. Ms. Fine focuses her...
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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