Premises Liability

Fighting Lawsuits that Are Against Property Owners

Weinberg, Wheeler, Hudgins, Gunn & Dial's Premises Liability Practice Group has significant experience defending companies, organizations and individuals facing liability as property owners and security companies, nationwide and internationally. These claims often involve catastrophic injuries such as paraplegia or quadriplegia, wrongful death and aggravated sexual assault.

Weinberg, Wheeler, Hudgins, Gunn & Dial’s experience in premises liability cases includes a number of trials involving allegations of criminal acts and intentional misconduct, negligence in maintaining the safety and security of premises, liability for acts of third parties on the premises, the hiring, retention and supervision of staff, and vicarious liability of allegedly wrongful acts of others.

The Premises Liability Practice Group represents clients who own or operate:

• Hotels
• Malls
• Apartment Complexes 
• National and International security firms
• Casinos
• Hospitals
• Schools
• Childcare centers
• Churches
• Government facilities
• Commercial buildings

To successfully defend against premises liability claims, the owner or manager needs to show that it has exercised reasonable care. While the negligent conduct of the injured party is often at issue, more often than not the successful defense is based on a showing of proper management procedures. Often, the best corporate defense is to compare what other similar establishments are doing in the industry and show whether the criminal activity could have been deterred.

WWHGD provides innovative trial defenses in premises liability cases involving murder, sexual assaults and violent crime. Our trial record demonstrates these innovative defenses are effective.

Recent Premises Liability Defense Cases

• Defense verdict in premises liability negligence claim against shopping center security company in Kansas City following shooting on property; appeared in case three weeks before trial with plaintiffs' demand at $40 million. Case named as one of the Top 10 defense verdicts in the state.
• Sucessfully defended a large convenience store chain in a rape-murder of an employee after being retained only one week before trial in New Mexico.
• Defended a national restaurant chain in cases of multiple rape and sexual assault at one restaurant.  
• Defended a major retailer for alleged wrongful death of a shoplifter who jumped a wall while being chased by a security guard.
• Represented a major hotel for death of a patron due to an alleged failure to provide proper and timely medical care for a condition developed while on the premises.

Expertise in a Wide Variety of Premises Liability Cases

This practice group has extensive experience in defending:

• Major hotels, security firms, large apartment and condominium developments in cases claiming injuries on the premises resulting from criminal acts such as rape, sexual assaults, murder and assault.
• Restaurants, bars and establishments that serve alcohol in so-called “Dram Shop” claims, such as when an intoxicated patron is involved in an auto accident; and restaurants, hotels and other establishments in cases involving claims of illnesses caused by food or beverages.
• Recreational facilities such as swimming pools and amusement parks.
• Convention Centers and other venues in claims alleging negligent staging.
• Major retail stores and commercial enterprises in cases based on claims of false arrest, false imprisonment, falls within and outside buildings and alleged criminal conduct by an employee or customer.
• Hospitals, clinics and other health providers for injuries resulting from falls, transferring patients and allegations of inadequate maintenance and repair.
• Childcare facilities and churches in involved in allegations of physical and mental abuse.
• Apartment complex owners and managers in claims alleging defective conditions on the premises.
• Real estate developers, contractors and subcontractors for injuries occurring during construction activities.
• Building owners and managers for injury claims from elevators, escalators, stairs, automatic doors and other mechanical failures; claims of negligence in providing security; negligence in hiring and retaining employees; and fire-related injury claims.

Practices

Attorneys