The retail industry is governed by both state and federal laws and regulations making the legal landscape difficult to navigate. We help our clients manage their businesses effectively and safely by prioritizing claim prevention and handling litigation efficiently 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.

The firm has successfully defended its retail clients in premises liability cases ranging from the mildest trip and fall to wrongful death. The firm has databases of experts from a wide variety of fields such as physicians of all specialties, engineers of all specialties, human factors and biomechanical experts. If expert testimony is needed, we have the resources from which to choose an appropriate, qualified expert witness who will present well to a jury. As importantly, we also have a database full of testimony from various Plaintiffs’ expert witnesses to use for impeachment purposes and to evaluate the strength of a Plaintiff’s case.

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

Defense Verdict in Federal Court

Attorneys: Jaime J. Baca, Marlene Brito

Plaintiff alleged that she slipped and fall on water inside a national warehouse grocery chain, causing her to undergo injections, facet blocks and a low back Rizotomy. Plaintiff asked for $400k in damages, but the jury returned a defense verdict. The case was tried in the United States District Court for the Southern District of Florida. 

Directed Verdict Granted After Trial

Attorneys: Jaime J. Baca, Marlene Brito

We represented a national warehouse grocery chain in this case, that was tried in the United States District Court for the Southern District of Florida. Initially, the Plaintiff received a jury award in the amount of $155,000. Post-trial, we filed a Renewed Motion for Directed Verdict on causation. The Judge agreed, granting the motion entering a judgment in favor of our client, resulting in a defense verdict.

$1.175 Million Defense Verdict on Behalf of a Retail Grocery Chain

Attorneys: Jaime J. Baca

Plaintiff alleged to have incurred five different herniated disks from a forward fall on her knee and arm, ultimately undergoing a 2-level lumbar fusion, several injections, and a right shoulder arthroscopy. Plaintiff had $280,000 in past medical bills. Both liability and causation were contested. Plaintiff demanded $1.175 million, but the jury returned a complete defense verdict.

Avoided a $4.5 Million Judgment in Slip and Fall Case

Attorneys: Jaime J. Baca, Marlene Brito

This case arose from an alleged slip and fall in oil on the floor. A store employee walked near the area approximately five minutes prior to the fall. Plaintiff alleged three knee arthroscopies as a result of the incident, with over $100k in medical specials, and asked the jury for $4.5 million at trial. The jury found Plaintiff 70% responsible and awarded her only $13,648. 

Defense Verdict on Behalf of a National Department Store

Attorneys: Michael C. Tyson, Krista Cammack

We represented a national department store chain in this matter, wherein Plaintiff alleged that she slipped and fell as she was walking out of the front entrance of the store and stepped onto the yellow handicap ramp leading to the parking lot. This step led to her falling and fracturing her left kneecap. She had open reduction internal fixation surgery, including wire and two screws placed in her knee. At trial, the jury found no negligence on the part of our client and returned a complete defense verdict. 

Nuclear Verdict Avoided in Slip and Fall Case at Grocery Store

Attorneys: Jaime J. Baca, Vanessa M. Romero-Molina

Plaintiff fell in the restroom inside a well-known regional grocery chain. Plaintiff was 56 years old at the time and had a prosthetic leg. He claimed there was water and paper at the entrance of the stall. He also claimed a store employee had just come out of the stall, arguing that the store had actual notice of the dangerous condition. He went on to have a 3-level cervical disc replacement and a 2-level lumbar fusion. His medical bills exceeded $800k. At trial, Plaintiff asked for over $20 million in damages, but the jury returned a verdict of no liability.

Defense Verdict in a Case With Admitted Liability

Attorneys: Joseph P. Menello, Patrick L. Mixson, Ryan A. Hestbeck

This case arose from an incident that occurred at a well-known regional grocery chain. Plaintiff claimed that she was injured when she was contacted by a stocking cart. The store admitted liability but defended the case on causation and damages. Plaintiff claimed she required medical care, including a 3-level cervical discectomy and fusion, with associated expenses of approximately $262,000 and alleged future care needs of $192,000. The jury returned a defense verdict in two hours.

Defense Verdict in a Slip and Fall Case

Attorneys: Richard E. Ramsey, Sander R. Weiner

Plaintiff slipped and fell on ice water that had been dropped by another customer. It was claimed that our employee had actual knowledge of the danger and she failed to warn Plaintiff before he fell. Plaintiff claimed a torn rotator cuff and herniated disks in his lower back and generated approximately $400k in past and future medical expenses. The jury deliberated for less than 45 minutes before returning a complete defense verdict.

Defense Verdict on Behalf of a National Gas Station Chain

Attorneys: Joseph P. Menello

Plaintiff alleged that she slipped and fell on a puddle of water on the ground from a roof leak. We presented evidence that there was no roof leak and argued that Plaintiff could not establish her burden of proof. A defense verdict was returned.

Open and Obvious Doctrine Results in Defense Verdict

Attorneys: Joseph P. Menello

We represented a national craft store chain in this case wherein Plaintiff alleged that she was exiting the store with her grandson when she tripped and fell over a flatbed cart that was negligently left outside unattended. She fell onto the flatbed and injured her left knee, wrists, neck, and lower back. She underwent surgeries on her knee and back and continued to have pain years later. She treated with letters of protection and had bills totaling over $300,000. Store employees testified that the cart was not unattended, but rather, being used in accord with the store’s policies.  The testimony of the grandson corresponded with the testimony provided by the employees. Defense experts testified that Plaintiff’s injuries were all degenerative and not caused by the subject fall and a complete defense verdict was granted.

The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.