The defense of premises liability claims constitutes a large portion of the cases handled by the attorneys at Connors & Connors, P.C. Whether it is a building owner, managing agent, maintenance contractor or tenant, the defense centers on the plaintiff’s ability to prove the existence, and notice of the defective condition which allegedly caused the accident. Our retail clients, i.e. Shoprite and Target, are frequently defendants in “shop and flop” cases. In the Second Judicial Department (Richmond, Kings, Queens, Nassau and Suffolk Counties) motions to dismiss on the issue of notice are often granted. Our commercial landlords and owners of multiple dwellings are also subject to claims of exposure to lead paint and toxic mold. The defense of such claims must also be done in such a way as to effectively address the issue of causation.
We are keenly aware of the importance of reviewing lease agreements to determine if insurance and indemnity provisions can be interprets in our client’s favor. If so, we immediately act to tender defense and indemnification of the plaintiff’s claim and, if necessary, commence a declaratory judgment action.
In cases where the tender of defense and indemnification is not available, we endeavor to enthusiastically defend on the issues fo both liability and damages remembering that the plaintiff’s claim and, if necessary, commence a declaratory judgment action.
At Connors & Connors, P.C. we never forget the legal and factual issues which assist our clients in the defense of claims being asserted against them. It is not just about damages, it is also a question of who is to blame.