Defense of General Liability, Auto Accidents, and Premises Liability, including Criminal Acts Committed on the Premises

Janice Iati of The Law Firm of Janice Iati has significant experience and a strong record of success in the defense of both personal injury general liability and premises liability claims, for both self-insured clients and on behalf of leading insurance carriers. The firm has defended privately-held companies, public corporations, retailers, property owners and managers, and numerous other entities in the defense of general liability claims as well as premises liability claims, which are typically more involved.

Specifically, regarding premises liability, we address the fundamental question of what constitutes duty under New York law, and defend the duty of contractors to third parties not in privity of contract, as well as counsel on contractual indemnity issues and additional insured obligations.

In regards to owner’s liability for criminal acts committed on the owner’s premises, we have the resources and experience to build strong defenses for our clients reinforcing that the owner did not breach the duty to care (either by act or omission) for those on their property.

We evaluate each claim and develop a course of action based on the potential risk and exposure. With Janice Iati’s experience representing clients in general liability and premises claims, combined with the in-depth knowledge of the courts and case precedents, our clients trust us to frame each defense to achieve the desired outcome.

From our experience working as insurance defense counsel, we understand the industry’s requirements, particularly the need to provide detailed and insightful litigation plans, early consideration for risk transfer opportunities, frequent communications and status reports and accurate budgets that allow for appropriate setting of reserves.

Our experience includes the defense of general and premises liability personal injury issues such as:
• Slip and falls
• Snow and ice buildup in parking lots
• Falls from crumbling sidewalks, steps and staircases
• Security issues
• Motor vehicle accidents

Representative Matters:
• Prevailed on appeal at the Appellate Division Fourth Department for a corporate client. We were able to prove that Plaintiff’s slip and fall happened while a storm was in progress and therefore, our client had no duty to remove snow or ice until the storm had ceased.

• Obtained summary judgment and prevailed on appeal at the Appellate Division Fourth Department for a corporate client. Plaintiff’s complaint regarding a slip and fall in a parking lot was dismissed. Plaintiff alleged that the method of snow removal was improper. However, it was held that our client’s duty to remove snow was suspended until a reasonable period of time after the storm ended.

• Obtained summary judgement for a national retail business in Federal court. We were able to dismiss claims of assault, false arrest, false imprisonment, and unreasonable search.