Practices

General Liability

Attorneys Simonsen and Chambi

Overview

The risk of a lawsuit has become a reality for every business. How an organization handles actual or threatened legal action directly impacts its strength and future. Carr Maloney represents national retail chains, transportation groups, construction companies, and real estate and development companies of all sizes in matters including personal injury claims, commercial loss claims, and property damage.

Our clients retain us to defend them against claims including but not limited to:

  • Assault and Battery
  • Construction Accidents
  • Defamation
  • False Imprisonment
  • Fraud and misrepresentation
  • Negligent Hiring and Supervision
  • Negligent and Intentional Infliction and Emotional Distress
  • Pharmacy Malpractice
  • Premises Liability
  • Truck and Automobile Accidents
  • Wrongful Death

Risk Management and Best Practices

Carr Maloney’s years of experience gained through representation allow us to quickly and correctly analyze issues, risks and exposures for litigation. We make it a priority to understand our clients’ objectives and to devise a legal strategy appropriate for their case.

Based upon this philosophy, our General Liability Defense Practice Group has successfully defended general liability claims at all levels of the litigation process. We are not afraid to take a case to trial, if necessary to defend our client. Because we understand our clients’ business, we are able to counsel them on when it is advantageous to settle a meritorious claim out of court and when to take it to trial.

Service to the Industry

Carr Maloney’s General Liability lawyers are actively involved in the National Retail Federation, and several partners are regular speakers at the NRF’s annual Loss Prevention Convention. Several Members also speak at the Retail Industry Leaders Association conferences.

Representative Experience

In a pharmacy misfill case, the plaintiff claimed damages from an alleged misfill, which involved the administration of antipsychotic, instead of allergy medication. We fought 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.

Partner Contacts