Shawn D. Wagner

Partner
New York City
1500 Broadway
Suite 2401
New York, NY 10036

Shawn Wagner is an experienced trial attorney with a proven track record of successfully defending businesses and insurers in a wide range of personal injury and property damage cases in New York. His practice includes premises and municipal liability, motor vehicle accidents, trucking liability, dram shop claims, school, sports, and recreational torts, property damage claims, intentional torts, and claims pursuant to the New York State Labor Law for construction-related accidents. Additionally, Shawn represents clients pursuing insurance coverage claims and oversees civil claims involving product liability.

With extensive legal experience, Shawn has litigated medical malpractice and toxic tort claims, further enhancing his proficiency in navigating cases for clients. He approaches each case with a proactive mindset, always seeking to resolve disputes efficiently and cost-effectively while prioritizing the clients’ best interests.

Shawn has been included in the New York Metro edition of Super Lawyers list of Rising Stars for multiple years. This honor is given to the top 2.5 percent of attorneys in the New York Metro area 40 years old or younger, or in practice for 10 years or less.

Since 2022, Shawn was also selected by his peers for inclusion in the Best Lawyers: Ones to Watch® in America. This accolade recognizes extraordinary lawyers who have been in private practice for less than 10 years in the United States and is based entirely on peer review.

Outside of his legal practice, Shawn remains committed to giving back to the community by providing pro bono services to low-income New Yorkers. He was previously honored as a New York State Pro Bono Scholar, reflecting his dedication to serving those in need.

Professional & Community Involvement

  • Hispanic National Bar Association
  • Dominican Bar Association

Cases and Experience

Secured dismissal of a personal injury lawsuit against a commercial tenant involving an alleged trip-and-fall over a cracked sidewalk flag by demonstrating that, under the controlling lease, the landlord retained the duty to perform structural sidewalk repairs and that the tenant did not create or cause the condition. After an initial denial based on a factual dispute over whether the defect was structural, successfully re-argued the motion by citing New York authority establishing that sidewalk repairs are structural in nature, prompting the court to reverse and dismiss both the plaintiff’s complaint and the landlord’s cross claims against the tenant.

Secured a trial victory in NY State Supreme Court on a case triggering claims under New York State's Labor Law and common law negligence. The Labor Law Section 200 and common law negligence claims were dismissed by the Judge. The Judge found insufficient evidence for the jury to conclude that our client was negligent and therefore found that our client was not liable for the plaintiff’s accident.

Won a defense verdict in a case involving an accident between a bus and a minivan in Kings County, NY. Despite claims that the plaintiff suffered multiple traumatic herniated discs in the cervical and lumbar spine, requiring a cervical corpectomy and fusion, the jury determined that the plaintiff did not sustain the requisite "serious injury" to bring suit, thereby warranting a full dismissal.

Won summary judgment on behalf of a multinational chain of convenience stores dismissing a high exposure premises liability case in Kings County, NY, by establishing that the alleged defect, a decommissioned fuel cap, was de minimus, trivial, and therefore not actionable.

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter that we or any lawyer may be retained to handle.

News & Presentations

10.30.25 | Firm News | Casualty, General Liability, Product Liability, Insurance
11.11.24 | Firm News | Casualty, General Liability, Product Liability | Retail, Restaurants & Hospitality, Sports & Entertainment
09.27.23 | Firm News, Press Releases | General Liability
09.05.23 | Firm News, Press Releases | Workers’ Compensation, Insurance, General Liability, Medical Malpractice

Assistant

Education

  • Pace University School of Law, J.D., cum laude, 2015
  • University of Maryland, B.A., 2007

Practices

Admissions

  • New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York

Industries

Awards & Recognition

  • New York Metro Super Lawyers, Rising Stars, 2019-2025
  • Best Lawyers: Ones to Watch® in America – Personal Injury Litigation, Insurance Law, and Litigation – Construction, 2022-2026
Weber Gallagher Simpson Stapleton Fires & Newby, LLP
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