General Liability

PRACTICE AREA CONTACTS: Jan E. Simonsen and James P. Steele

Carr Maloney represents clients in all general liability matters, including personal injury claims, commercial loss claims, and property damage claims. Our clients retain us to defend them against claims involving: premises liability, construction accidents, truck and automobile accidents, wrongful death, pharmacy misfills, fraud and misrepresentation, assault and battery, false imprisonment, defamation, negligent hiring and supervision, negligent and intentional infliction of emotional distress, among others. We manage these cases innovatively, creatively and cost effectively, while appreciating the need to handle such cases in accordance with our client’s reporting and budgeting requirements.

We routinely represent several national retail chains in matters ranging from risk management counseling to all aspects of retail litigation. In addition, we regularly counsel and represent these chains when their employees have been subpoenaed to testify in criminal proceedings. We are actively involved in the National Retail Federation, and several Members are regular speakers at the NRF’s annual Loss Prevention Convention. Several Members also speak at the Retail Industry Leaders Association conferences.

The following are a few examples of cases we have handled:

  • In a pharmacy misfill case, the plaintiff claimed damages from an alleged misfill, which involved the administration of anti-psychotic, instead of allergy, medication. We attacked Plaintiff’s claims of causation and damages and were granted summary judgment.
  • We routinely handle wrongful death cases. In one highly publicized case, a thirty-one year old woman died in a 300 mile charitable bicycle ride. This case presented issues of the relative responsibility of event organizers and medical staff, the liability of volunteers and causation. This case went to the United States Court of Appeals for the District of Columbia Circuit on the issue of the enforceability of waivers and choice of law.
  • We have defended cases involving claims by patrons of entertainment and sporting venues. Plaintiffs in these cases typically assert that venue security officers and other venue personnel failed to prevent the altercations that caused their injuries. Most of these cases settled on terms that were extremely favorable to our clients, and at least one case was dismissed by the court before trial ever began.
  • The firm has successfully defended our clients in truck accident claims, which often involve unique issues regarding D.O.T. and I.C.C. regulations. In one case, we obtained a defense verdict for a trucking company and driver in a double fatality accident on Interstate 95. In another, we obtained a defense verdict in a case where the truck driver struck a car from behind. We effectively use accident reconstruction experts and video re-enactments to convey these successful defense theories.

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