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Retail

Wicker Smith prioritizes claim prevention — helping clients to manage their businesses effectively and safely — as well as expertly handling litigation if the need arises.  Our extensive retail experience has equipped our attorneys to handle all aspects of litigation, from trial to alternative dispute resolution techniques, including mediation and pre-trial conferences.

Areas of representation include:

  • Premises Liability — including falling merchandise and slip and fall

  • Product Liability — from indemnification to reviewing and/or drafting vendor contracts

  • Malicious Prosecution and False Arrest

  • Pharmacy Liability

A Matter of Sandals

Jaime Baca and Vanessa Romero-Molina of our Miami office received an amazing no negligence verdict in a slip and fall case, where the plaintiff claimed she slipped on water at a grocery store. She incurred over $321,000 in medical expenses and asked for $2.2 million. Although there was evidence of water on the floor, our attorneys successfully argued that she did not slip but rather tripped on her sandals.

No Burden of Proof

Joseph Menello and Raychel Garcia of our Orlando office received a favorable defense verdict on a slip and fall case. While the plaintiff alleged to have slipped on water from a roof leak and incurred over $580,000 in medical bills, our attorneys presented evidence proving otherwise and successfully argued that the plaintiff could not establish her burden of proof.

A Million-Dollar Request

Jaime Baca and Rafael De Armas of our Miami office represented the defendant in a premises liability case. The plaintiff requested $1.25 million in damages, however, our attorneys obtained a favorable defense verdict.

Five Minutes of Deliberations

Jason Glusman of our Fort Lauderdale office represented a large grocery store in a bifurcated premises liability case. The plaintiff had over $150,000 in non-LOP medical bills for cervical fusion and knee surgery. After only five minutes of deliberations, the jury came back with a no liability defense verdict.

Yogurt Sample Verdict

Our Fort Lauderdale office attorneys represented a company in a slip and fall case. The plaintiff claimed negligence when she slipped and fell on yogurt sampled by an employee within the company’s area of responsibility. Our attorneys were successful in obtaining a directed verdict.

Slip and Fall Case

Jaime J. Baca of our Miami office represented a large chain supermarket in a case, where the plaintiff claimed to have slipped on oil. She suffered severe ankle damage and asked the jury for over $2 million, however, our attorneys argued that the plaintiff knocked down the oil. They also stated that her condition was completely pre-existing; as a result, the jury found there was no negligence on behalf of the supermarket.

A Successful Outcome is Served

Our attorneys were involved in a premises liability case, where the plaintiff claimed extensive injuries to his lumbar spine after falling at the defendant’s restaurant. The plaintiff alleged that the defendant breached its duties by failing to safely maintain the premises and warn him of a known danger. Our legal team argued that there was no merit to his argument, receiving a favorable defense verdict.

Premises Liability Case

Our attorneys received a favorable defense verdict in a case, where the plaintiff walked off a sidewalk and broke his elbow. He sued for damages based under a premises liability theory that the defendant knew or should have known about existing unsafe conditions. Our defendant denied all allegations and contended that the plaintiff was solely responsible for his damages.

Against the Odds

Our attorneys, Kurt Spengler and Raychel Garcia, represented a large theme park in a premises liability trial in front of Circuit Court Judge Keith White in Orange County, Florida. The plaintiff requested medical compensation after breaking her leg on the premises and presented an expert to validate her claim; however, our attorneys provided evidence that the plaintiff’s legs were very brittle due to bone cancer. They further found that the plaintiff’s parents had removed the footrests from her wheelchair, and the jury returned a favorable defense verdict.