Premises Liability

 
This practice area has the following sub practice areas:

• Slips & Falls
• Snow & Ice
• ADA Violations
• Security
• Landlord Liability

In instances where our clients are faced with premises liability claims and tenant or third party disputes, we focus our defense on early claim evaluation, and we work towards early case resolution. Our experience in this area of the law includes:

• Slip/trip and fall – ice, snow, water, slippery substances, misplaced objects or materials, and other hazardous conditions;
• Improper security measures;
• Criminal acts of third parties;
• Landlord - tenant disputes;
• Pool or water hazard claims, including drownings;
• Construction site injuries;
• Playground and daycare injuries;
• Claims for loss or damage to property;
• Worksite injuries; and
• Failures to warn, toxic spills and other hazards.

Kiernan Trebach’s expertise involves the duties of care owed to invitees, licensees and trespassers, as well as the critical issues of foreseeability, notice and damages in the context of premises liability claims. We recognize that tender issues are of paramount importance in these cases, often allowing us to invoke our client’s contractual language as a shield against liability. Our attorneys pursue these opportunities early and aggressively to avoid litigation and related expenses.

Recent Case Examples:

• Defense Verdict/Judgments:  Secured numerous defense verdicts at trial (via court-ordered judgment and jury verdict) based on lack of a defect, lack of notice and lack of control over the area at issue.
• Summary Judgments:  Obtained numerous summary judgments prior to trial based on lack of notice of a defect, no control and no evidence of defects.
• Spoliation/Mode of Operations:  Defense verdict granted in favor of our client at trial where spoliation of evidence was at issue and we defeated plaintiff's claim that mode of operations applied to shift the burden of proof to our client.
• Causation Defenses:  Numerous summary judgments granted in favor of our clients based on plaintiff's failure to prove causation.  
• Tenders:  Successfully tendered hundreds of claims based on indemnification provisions and insurance provisions set forth in leases and vendor agreements. 
• Experts:  Prevailed in defense of our clients at summary judgment and at trial based on medical evidence in cases alleging personal injury and wrongful death.  

For more information, please contact any of the practice members referenced in the Attorney Listing. For the “Practice Area” Premises liability (https://www.kiernantrebach.com/attorneys/)