Food, Beverage & Hospitality

Food and beverage producers, hotels, restaurants and grocers are among Weber Gallagher’s clients in this industry. We appear before state and federal courts and in administrative proceedings on their behalf. They engage us for workers’ compensation and employment matters, including Medicare set-asides and discrimination claims. Our attorneys also represent them in dram shop actions and other general liability matters, including bodily injury and property damage. Other areas in which we provide counsel include:

Licensing
Business/Organization creation
Commercial transactions
Environmental issues and toxic torts
Product liability
Food poisoning matters
Risk management

Industries

Experience

Secured summary judgment for a leading American restaurant chain in a slip and fall lawsuit before the Superior Court of New Jersey, Bergen County. The plaintiff allegedly slipped and fell in a walk-in freezer while in the course of her employment and sustained a significant leg fracture requiring surgical repair with the installation of hardware. We persuaded the Court that the high threshold for an “intentional wrong” under the Worker’s Compensation Act was not met and that the circumstances of this accident were part of industrial life and not beyond anything the Legislature could have contemplated that would have entitled the employee to recover beyond what is provided under the Worker’s Compensation Act, resulting in a significant win for the client.
Obtained summary judgment for an American national department store retailer in a lawsuit involving a significant foot injury requiring surgical intervention when the plaintiff was shopping at a retail establishment and dropped a glass object that shattered on her foot, alleging that the glass object was unsafe and that it broke in her hand as she grabbed it off the shelf. We filed for Summary Judgment on the basis that the plaintiff could not make a prima facie case that her injuries was the result of any negligent act or omission by the defendant retail establishment. The Court agreed that there was no showing of negligence and granted our Summary Judgment motion.
Secured summary judgement for a shopping mall pursuant to New York’s storm in progress doctrine.

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