We practice both personal auto and commercial, including trucking, taxicabs and tractor-trailers.
We work with leading medical and forensic experts to fight exaggerated injury claims, including the burgeoning
case population of low-impact accidents allegedly resulting in serious injuries, and to invoke New
York’s seatbelt law so as to contain damages where there has been a failure to mitigate.
We have a strong record of dismissals based on the absence of a threshold “serious injury.” We are well-versed concerning the latest techniques of accident reconstruction, and know the experts best able to bring them to bear for a solid defense. We’ve also handled successfully many arbitrations and suits seeking to recover no-fault, uninsured and underinsured motorists coverage benefits.
for residential, commercial and municipal owners, including “routine” slip/trip-and-fall, and snow/ice claims,
in which we have a strong history of successful motions to dismiss based on well-developed records establishing
lack of notice, the triviality of a defect, the plaintiff’s inability to explain the fall (speculation),
lack of legal duty, the “continuing storm” doctrine, fabrication, and a variety of other legal defenses,
detected early through our familiarity with the applicable law acquired over our many years of defending
We are highly experienced also in the less common, but ever-growing claim varieties, including owner liability to tenants and visitors for criminal assaults, and for toxic substances including lead paint, and mold. Our record for defending claims of injuries inflicted by both domestic and farm animals includes many dismissals on motion, and defense jury verdicts.
Includes claims under New York Labor Law sections 200, 240 (absolute liability “scaffold law”) and 241(6), against homeowners, developers, and owners and general contractors at commercial work sites. We have achieved numerous dismissals based on legal defenses including the absence of an elevation-related risk in 240 cases; lack of supervision and control in 200/common law negligence cases; lack of specificity or increase of duty in the regulation, in 241(6) cases; lack of general contractor status for construction and project managers; recalcitrant workers; and the homeowners exemption, despite the presence of commercial activity on the residence premises.
We cover product liability, experienced respecting both consumer products and industrial equipment, representing manufacturers,
distributors and retailers, against claims of strict liability, breach of warranty,
negligent design, and negligent failure to warn.
We are practised in defending a wide variety of products, including auto mobile crash worthiness, and are attuned to the nuances of all pertinent defences, including unforeseeable misuse, subsequent alteration, obviousness of the risk, and product familiarity.
Covering a variety of professional and quasi-professional clients covered by Errors and Omissions policies, including attorneys,
podiatrists and other health practitioners, with a particularly extensive background defending insurance agents.
We have obtained numerous dismissals for insurance agents based on legal defenses such as lack of any duty
to recommend coverages, and unavailability of the coverage at issue.
We are especially proud of the many cases in which we have been able to deflect liability for an agent by finding a responsible third party, or by contesting the legality of a denial of coverage for the agent’s client, made possible by our depth of experience as defense and coverage attorneys.
We are experienced at investigating and defending suspicious fire loss claims, and indeed every variety of fraudulent claim, under both first and third-party coverages. We have successfully handled many cases involving the entire gamut of material and fraudulent misrepresentations, at both the underwriting and claims stages.
© Barth Condren 2020 | Disclaimer | Attorney Advertising