Premises Liability
Our Premises Liability Practice Group has significant experience defending companies, organizations and individuals facing liability for their status as owners and occupiers of property both nationwide and abroad. This experience in defending premises liability claims include 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.
We have represented a broad range of clients, including hotels and casinos, religious and non-profit organizations, governmental entities, hospitals and other healthcare organizations, childcare centers, educational institutions, and other commercial entities.
Some recent cases of this practice group include:
- Representation of major hotels, security firms, large apartment and condominium developments in cases claiming injuries on the premises resulting from criminal acts such as rape and other sexual assaults, murder and assault and battery;
- Representation of major retail and other commercial enterprises involving claims of false arrest, false imprisonment, intentional conduct, fall-downs both within and on the outside of buildings and based on alleged criminal conduct, either by an employee or another customer;
- Defense of claims based on allegations that the property owner or manager negligently provided security services. Defense of a major retailer for alleged wrongful death of a shoplifter who jumped a wall while being chased by a security guard;
- Defense of premises owners and managers for claims resulting from recreational activities, such as swimming pools and amusement activities. These claims, as in many of the other premises liability claims, often involve serious injuries, such as paraplegia or quadriplegia and/or wrongful death;
- Defense of national restaurant chain in cases of multiple rape and sexual assault at one restaurant;
- Representation of restaurants, bars and other purveyors of alcohol in the so-called Dram Shop claims, for example, a third-party injured by an intoxicated driver who allegedly became intoxicated on the premises;
- Representation of restaurants, hotels and other food providers in defense of claims alleging injury based on consumption of unwholesome food or beverages;
- Representation of 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;
- Representation of real estate developers, contractors and subcontractors for injuries allegedly resulting from construction activities;
- Defense of claims resulting from fire-related injuries due to alleged construction problems and/or inadequate fire fighting equipment;
- Representation of childcare facilities and religious organizations in defensive claims involving allegations of physical and mental abuse;
- Defense of premises liability claims based on allegations of negligent hiring and retention of employees;
- Representation of hospitals, clinics and other health providers under premises liability theories for injuries resulting from falls, transferring patients and allegations of inadequate maintenance and repair;
- Representation of owners and managers for injuries from freight and passenger elevators, escalators, stairs, automatic doors and other alleged mechanical failures;
- Representation of convention owners and managers and hotels in defense of claims alleging negligent staging;
- Representation of landlords in defense of numerous claims based on allegations of defective conditions in the premises.
Successful defense of premises liability claims involves making an affirmative showing of the exercise of reasonable care on the part of the owner or manager. 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 through a comparison of what other similar establishments are doing in the industry and whether the criminal activity was deterrable.
If you would like to directly contact the partners in this practice group, we invite you to do so:
Partners in this Practice Area
- Tom Allen
- Chuck Clay
- David Dial
- Billy Gunn
- Al Maxwell
- Steve Mooney
- Patrick Moore
- Ken Moorman
- Ashley Nichols
- Rick Sager
- Jennifer Schmidl
- Terry Sullivan
- Kevin Williams
