Retail Liability

 
This practice area has the following sub practice areas:

  • Premises Liability / Negligent Security
  • Product Liability
  • Food & Beverage Litigation

For over thirty years, Kiernan Trebach has directly represented dozens of national supermarket chains, fast food restaurants, department stores, malls and retailers across the East Coast. With 18 offices, and attorneys who practice across 22 states, Kiernan Trebach brings decades of experience and a commitment to partnering with our retail clients across multiple jurisdictions. Our litigation philosophy focuses on early resolution, compliance with client guidelines and cycle time. However, if a case cannot resolve, we will be thoroughly prepared to litigate the case through trial. We have extensive experience aggressively resolving tender issues and invoking indemnity and additional insured provisions in contracts with vendors and landlords to transfer the risk and shield our clients against liability exposure. Kiernan Trebach’s expertise includes obtaining favorable results via summary judgment, directed verdicts or post-trial appeals and we have years of trial experience with positive results. Our long-standing retail relationships are based on a collaborative partnership with insureds, insurers, self-insureds and claims professionals to defend every claim in a cost-effective manner wherein we communicate often and preserve the integrity and brand image of our clients.

Kiernan Trebach’s extensive retail experience includes the following customer claims:

  • Premises liability, including interior and exterior fall downs at the store
  • Falling merchandise and claims relating to store fixtures and shopping carts
  • Contractual indemnity and coverage actions involving vendors and landlords
  • Product liability claims, including recall and CPSC claims
  • Food-related claims, including food-borne illness and class action claims (see website for more detailed information)
  • Negligent security, false imprisonment/security officer claims and alleged criminal acts
  • Claims involving distribution centers, transportation and deliveries/unloading
  • ADA/service animal and harassment/discrimination customer claims.Kiernan Trebach’s expertise includes obtaining favorable results via summary judgment, directed verdicts or post-trial appeals and we have years of trial experience with positive results. 

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.  We also defeated plaintiff's claim that mode of operations applied to shift the burden of proof to our client.
  • Causation Defenses: Numerous summary judgment motions 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” Retail liability (https://www.kiernantrebach.com/attorneys/)