Janice M. Iati, Esq.
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“Exceptional Practical Solutions to Complex Challenges”
Janice M. Iati believes that developing exceptional practical solutions to complex challenges is just one of the many keys to her success. Janice has been practicing law for over 30 years and founded The Law Firm of Janice Iati P.C. in 2008. Janice has earned a strong reputation for providing exceptional client-focused representation defending national and regional clients in the following matters: construction law matters including construction accidents, defense of construction defects and review and litigation of construction contracts; general liability, auto accidents, and premises liability including criminal acts committed on the premises; products liability; and catastrophic injury/wrongful death.
Clients include nationally known manufacturers and retailers, insureds of leading national insurance carriers, and numerous entities and professionals in the construction industry. Janice represents clients across the country, using her established network of local counsel. Janice is known for her excellence in ethical representation and excels at reaching practical solutions to complex challenges.
Janice is the founder and sole owner of The Law Firm of Janice M. Iati, P.C., a New York State Certified Women-Owned Business and a federally Certified Woman-Owned Small Business, having demonstrated the rigorous requirements for these prestigious certifications. Janice is also on the mediation panel for the Monroe County Supreme Court and the Western District of New York.
When Janice defends a case, her focus is on placing her clients in the best possible position to win. Janice’s litigation approach is based on early case assessment and trial-ready strategy, demonstrating her aggressive defense. She enjoys a strong record of success in winning jury trials, bench trials, and motions for summary judgment.
Based on her courtroom savvy, Janice has earned the respect of judges and counsel in state, federal, and appeals courts. Janice helps clients minimize litigation risk, reduce dispute resolution costs and protect their business investments and reputation. Her largest clients have been clients for decades, as a result of her proven record of responsiveness and results.
Defense of Construction Accidents
A large part of Janice’s practice involves the New York Labor Laws (sections 200, 240, 241, 241(6)) relating to the defense of accidents on construction sites, resulting in serious personal injuries and potential violation of OSHA regulations. Janice has represented construction companies, building/property owners, general contractors, site managers, equipment lessors in cases involving injuries to both construction workers and bystanders. She has a successful record as a result of scrutinizing the plaintiff’s conduct and reviewing alleged violations of liability. A few examples of Janice’s experience include construction accidents involving injuries resulting from ladders, cranes, forklifts; scaffolding accidents; operating dangerous equipment; and workers hit by falling objects. Janice’s team is constantly looking for potential risk transfer opportunities for her clients.
Defense of Construction Defects
Janice has vast experience defending builders, construction managers, contractors, property owners, design professionals, architects and materials suppliers against claims of property damage, as a result of alleged construction defects. She has defended clients in matters involving breach of contract, negligent supervision of contractors, design flaws and structural defects allegedly causing physical damage to property, lost revenues and reduced property values. She is skilled in the evaluation of loss of revenue to the property owner, inconvenience and renovation costs as a result of claims of defective workmanship, assessing issues related to liability, apportionment, damages and insurance coverage. A few examples of the type of defects Janice has defended include design flaws and structural defects, defective building materials causing property damage, cracked ceilings and walls, roof and stairway collapses, water infiltration and waterproofing issues.
Construction Contracts: Review and Litigation
Janice also counsels in the review and negotiation of construction and supplier contracts and agreements, on behalf of construction firms, property owners, builders, contractors, developers, architects and other related industry professionals to facilitate the smooth completion of the project and avoid misunderstandings and serious disputes. However, when necessary, Janice also mediates, arbitrates and litigates breach of contract, payment terms and financial responsibility for payment and completion of the project.
Defense of General Liability, Auto Accidents, and Premises Liability, including Criminal Acts Committed on the Premises
Janice 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. She 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, Janice addresses the fundamental question of what constitutes duty under New York law, and defends the duty of contractors to third parties not in privity of contract, as well as contractual indemnity issues and additional insured obligations.
In regards to owner’s liability for criminal acts committed on the owner’s premises, Janice has the resources and experience to build strong defenses for her clients reinforcing that the owner did not breach the duty to care (either by act or omission) for those on their property.
Janice evaluates each claim and develops a course of action based on the potential risk and exposure. With her experience representing clients in general liability and premises claims, combined with the in-depth knowledge of the courts and case precedents, clients trust Janice to frame each defense to achieve the desired outcome.
Products Liability Defense
Janice has defended a broad spectrum of industrial products in high stakes and complex product liability litigation. To build the strongest defense, she utilizes experts in the fields of product design, accident reconstruction and human safety. Janice’s significant experience, resources and commitment in the defense of alleged product defect claims has resulted in summary judgments and defense verdicts. A few examples of her product liability experience include the defense of: industrial kitchen equipment and machinery; bakery and ovens; food processing equipment; electrical equipment; power tools; elevators and other transportation vehicles and equipment such as trucks, automobiles, forklifts, cranes, boom lifts, scissor lifts and hydraulic lifts.
Defense of Catastrophic Injury/Wrongful Death
Janice is extremely well versed in defending leading manufacturers and retailers, as well as insureds of insurance carriers in a wide swath of industries, against high stakes and potentially high visibility claims alleging catastrophic personal injuries. She conducts investigations on site, coordinates with OSHA regulators and investigators, calls upon emergency medicine and trauma physicians, medical experts and studies the medical records to further evaluate the situation, claim and builds the defense. Janice utilizes experts in her data base related to product design, biomechanics, safety, and accident reconstruction as well as consults with injury causation experts to prepare the strongest trial-ready defense, minimize the plaintiff’s claims for damages based on alleged loss of earnings, as well as future medical and life care costs. She knows how critical it is to uphold the reputations of her clients and mitigate potential interference from the media. Janice’s experience includes defense of wrongful death matters as well as the following catastrophic injuries: loss of limbs; brain, spinal cord or back injuries; burn injuries and paralysis.
Experience Working with Insurance Carriers
From Janice’s extensive experience working as insurance defense counsel she understands the industry’s requirements, particularly the need to provide detailed and insightful litigation plans, frequent communications and status reports, and accurate budgets that allow for appropriate setting of reserves. Janice is a strategic partner and planner from start to finish, to achieve the best possible outcome for her client.
Janice has also received a number of prestigious professional recognitions, including: named as a Fellow of The New York Bar Foundation; selected to receive the Top Litigation Attorney: Civil Litigation/Construction Law/ Insurance Defense/ Premises Liability/ Personal Injury/Products Liability, Top Attorneys in North America, Who’s Who Edition, 2019-2020, Janice maintains an AV Preeminent rating through Martindale Hubbell, and her firm is a New York State Certified Women-Owned Business, and a federally Certified Woman-Owned Small Business.
Admitted: Fourth Department, New York; United States District Court, Western District of New York
Law School: Albany Law School, J.D.
Professional Associations: New York State Bar Association, Top Attorneys of North America 2019-2020 Edition by the Who’s Who Directories, Selected to participate in mediation training for the United States District Court, Western District of New York, Defense Research Institute (DRI), Monroe County Bar Association.
Place of birth: Rochester, New York