Premises Liability

Fighting Lawsuits On Behalf of Property Owners and Security Contractors 

Weinberg Wheeler Hudgins Gunn & Dial's Premises Liability & Negligent Security Practice Group has significant experience defending companies, organizations and individuals facing liability as property owners and security companies, nationwide and internationally. These claims often involve catastrophic injuries, such as paraplegia or quadriplegia, wrongful death and aggravated sexual assault.

Our experience in this field includes a number of trials involving allegations of criminal acts and intentional misconduct, negligence in maintaining the safety and security of the premises, liability for acts of third parties on the premises, the hiring, retention and supervision of staff, and vicarious liability of allegedly wrongful acts of others.

The Premises Liability Practice Group represents clients who own or operate:

• Apartment complexes
• Casinos
• Childcare centers
• Churches
• Commercial buildings
• Government facilities
• Hotels
• Hospitals
• Malls
• Restaurants
• Schools
• Security firms (national and international)

To successfully defend against premises liability claims, the owner or manager needs to show that reasonable care was exercised. While the negligent conduct of the injured party is often at issue, more often than not, the successful defense is based on a showing of proper management procedures. Often, the best corporate defense is to compare what other similar establishments in the industry are doing and then show whether the criminal activity could have been deterred.

WWHGD provides innovative trial defenses in premises liability & negligent security cases involving murder, sexual assaults and violent crime. Our trial record demonstrates these innovative defenses are effective.

Recent Premises Liability Defense Cases

• Defense verdict in premises liability negligence claim against shopping center security company in Kansas City following a shooting on the property; appeared in case three weeks before trial with plaintiffs' demand at $40 million. Case named as one of the Top 10 defense verdicts in the state.
• Successfully defended a large convenience store chain in a rape-murder of an employee after being retained only one week before trial in New Mexico.
• Successfully defended apartment complex owners and managers in premises liability / negligent security case.  Client found 1% at fault in shooting death of young man on or near apartment complex property.   
• Defended a national restaurant chain in cases of multiple rape and sexual assault at one restaurant.  
• Obtained summary judgment on behalf of Atlanta-Area apartment complex owner in a negligent security case where a security guard shot and killed a trespasser in the defendant's parking garage. 
• Defended a major retailer for alleged wrongful death of a shoplifter who jumped a wall while being chased by a security guard.
• Represented a major hotel for death of a patron due to an alleged failure to provide proper and timely medical care for a condition that developed while on the premises.
• Obtained summary judgment for a national security company providing patrols to a big-box retailer in a lawsuit arising out of an attack in the store’s parking lot where the plaintiff was left paralyzed.

Experience in a Wide Variety of Premises Liability Cases

We have extensive experience in defending:

• Major hotels, security firms, large apartment and condominium developments in cases claiming injuries on the premises resulting from criminal acts such as rape, sexual assaults, murder and assault.
• Restaurants, bars, hospitality entities, and other establishments that serve alcohol facing dram shop liability claims involving drunk driving accidents, wrongful death, severe personal injuries, and property damage. Our attorneys have a long-standing track record of successfully defending dram shop claims in state and federal courts.
• Restaurants, hotels and other establishments in cases involving claims of illnesses caused by food or beverages.
• Recreational facilities such as swimming pools and amusement parks.
• Convention centers and other venues in claims alleging negligent staging.
• Major retail stores and commercial enterprises in cases based on claims of false arrest, false imprisonment, falls within and outside buildings and alleged criminal conduct by an employee or customer.
• Hospitals, clinics and other health care providers for injuries resulting from falls, transferring patients and allegations of inadequate maintenance and repair.
• Childcare facilities and churches involved in allegations of physical and mental abuse.
• Apartment complex owners and managers in claims alleging defective conditions on the premises.
• Real estate developers, contractors and subcontractors for injuries occurring during construction activities.
• Building owners and managers for injury claims from elevators, escalators, stairs, automatic doors and other mechanical failures; claims of negligence in providing security; negligence in hiring and retaining employees; and fire-related injury claims.