Premises Liability

Phillips Lytle regularly represents clients in premises liability matters, in which the plaintiff’s accident is frequently unwitnessed and where early investigation often makes the difference in obtaining a favorable outcome in related personal injury cases.

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Noteworthy Success for A Broad Range of Companies

Our attorneys are well versed in premises liability issues, including foreseeability, notice, reasonable time to cure defective conditions, open and obvious conditions, lack of control over the property, and intervening and superseding causes. Phillips Lytle premises liability attorneys have had repeated successes, both on motion and at trial, in defending premises liability lawsuits for our clients, including property owners and those that operate, own or oversee retail locations, office buildings, warehouses and industrial facilities.


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Premises Liability Case Experience

Our work in managing premises liability cases includes noteworthy success with companies as large as a FORTUNE 500 banking corporation to utility providers. Representing a property owner or a business owner in premises liability claims requires an in-depth understanding of our clients’ needs and the unique circumstances which brought about the premises liability claims.

Representative matters of our Premises Liability Team:
  • Defended a FORTUNE Global 500 banking corporation against premises liability suits that arose in connection with its operation of nearly 400 branch locations throughout New York.
  • Defended a major utility in premises liability cases arising in New York, including obtaining dismissal of an action brought by a snowmobiler who alleged improper placement of a pole and support wires.
  • Successfully defended a major utility in an action brought by a motorcyclist who claimed personal injuries arising out of improper street cuts and underground conduit work. The major utility was able to recoup nearly all of its defense costs from insurance carriers for the contractor.
  • Defended premises owners throughout New York on weather-related premises liability claims and obtained dismissals based on defenses, including “storm in progress.”
  • Represented an international manufacturer of electronic equipment in a Canadian subrogation case in which a business claimed its computer server equipment was damaged when the air conditioning unit on our client’s server cabinet leaked. Our investigation showed that the leak had nothing to do with the design or manufacture of the cabinet, but that the business had positioned the cabinet incorrectly and in contravention of multiple warnings our client provided. We secured the affidavit of the service technician who responded to the leak incident, after which the plaintiff insurer agreed to discontinue the case in its entirety. The case was resolved in approximately eight months.
  • In a case claiming that a portable air conditioning unit manufactured by our client was defective and caused a fire resulting in extensive property damage, we successfully demonstrated that evidence involving the claim had been spoliated and secured a stipulated dismissal of all claims against our client.

Meet Our Premises Liability Team

William D. Christ Partner, Governing Committee
Kevin J. English Of Counsel
Nicholas P. Fedorka Associate
Chad W. Flansburg Partner
Marc H. Goldberg Special Counsel
Kevin M. Hogan Partner
Ryan A. Lema Partner
Craig A. Leslie Partner, Governing Committee
Amanda L. Lowe Partner
Michael B. Powers Of Counsel
Lisa L. Smith Partner
Jacob S. Sonner Partner
Preston L. Zarlock Partner, Governing Committee
Meet the Team

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