Retail

Weber Gallagher assists retailers small and large, from single-outlet operators to regional chains, in matters that routinely arise when doing business.

We represent employers against equal opportunity, anti-discrimination and other claims in state and federal courts, as well as administrative proceedings. Our skilled litigators regularly defend clients in general liability cases.  Our experience with complex workers’ compensation matters, specifically in union and non-union settings, is extensive.

Our attorneys counsel clients in minimizing their risk in these areas as well. Employers also engage us for commercial transactions and business disputes. Weber Gallagher, mindful of costs, will pursue alternative dispute resolution if possible.

  • Secured summary judgment on behalf of a large east coast convenience store chain, on the issue of lack of notice of black ice in a parking lot. The plaintiff claimed she fell on black ice in a parking lot and sustained severe spinal injuries, requiring surgery. The Court agreed with the defendant that there was no evidence that it had notice of the black ice and granted summary judgment and dismissed the case.

  • 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.

  • Successfully obtained summary judgment for a commercial tenant in a multi-tenant business complex finding no duty for snow removal in the common area parking lot.

  • Awarded summary judgment on behalf of supermarket chain accused of negligence in a trip and fall by establishing the store was not on notice of the alleged condition.

  • Won summary judgment on behalf of an international retailer accused of negligence in a slip and fall in New York City.

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