Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Torts & ProductsLiability Defense

Our torts and products liability defense attorneys defend some of the most sophisticated and complex civil cases in the United States. Practice area members are admitted to and regularly appear before state and federal trial and appellate courts as well as arbitration panels.

Overview

Our torts and products liability defense attorneys defend some of the most sophisticated and complex civil cases in the United States. We represent multinational corporations, utilities, nationally known educational institutions, common carriers, manufacturers, distributors, retailers, local businesses of all sizes, and individuals in a broad spectrum of tort and products liability cases. We additionally serve as designated panel counsel for many prominent insurance carriers and as approved counsel for several third-party administrators. Practice area members are admitted to and regularly appear before state and federal trial and appellate courts as well as arbitration panels.

Our team includes the former chair of the New York State Bar Association’s Torts, Insurance, and Compensation Law Section, the former chair of the Fifth Judicial District Attorney Grievance Committee, former assistant district attorneys, and former law clerks for federal and state trial and appellate courts. Several of our attorneys have been recognized for their outstanding legal skills by preeminent ratings services and professional organizations such as Martindale-Hubbell, The Best Lawyers in America®, Chambers USA, and Super Lawyers.

Although our attorneys routinely try significant cases before juries and judges, they also advise and assist clients in negotiating and resolving disputes before they erupt into full litigation. Our attorneys frequently engage in all forms of alternate dispute resolution, including arbitration, mediation, and early neutral evaluation. Barclay Damon’s commitment to technology also assists our team in providing the most efficient and cost-effective delivery of legal services, mindful of client expectations.

Litigation cannot always be avoided. Our attorneys have extensive experience in the defense of all types of torts and products liability cases.

Complex Tort and General Liability Cases

Our attorneys are experienced in the defense of personal injury and property-loss litigation based on both common-law theories and statutory violations, including cases involving:

  • Catastrophic injury
  • Civil rights claims
  • Construction accidents
  • Construction defects
  • Deceptive business practices
  • Dram Shop and tavern liability
  • Educational institutions
  • Electrocution and power-line injury
  • Fire loss
  • Hazardous materials
  • Inadequate security
  • Infliction of emotional distress
  • Intentional torts
  • Municipal liability
  • Negligence
  • Negligent misrepresentation
  • Premises liability
  • Property damage
  • Scaffold law
  • Sporting injuries
  • Subrogation claims
Team Members
Representative Experience
  • Negotiated a settlement on behalf of a reputable law firm and attorney for 3 percent of the originally claimed damages after walking away from a mediation in which the mediator had recommended a settlement for a substantially greater value.

  • Successfully obtained a summary judgment dismissal of a products liability case arising from a fall from a ladder sold by retail department store.

  • Successfully obtained a summary judgment dismissal of a premises liability case arising from a trip and fall.

  • Obtained dismissal on summary judgment of professional malpractice and intentional-tort claims against a university client related to student mental health services.

  • Obtained a dismissal on summary judgment of toxic-tort claims by a worker claiming the need for a lung transplant against a property owner. Also successfully recovered attorney's fees from the tenant.

  • Obtained dismissal on summary judgment of negligence and employer liability claims against a university client related to a sports club injury.

  • Secured a voluntary dismissal for a plumbing contractor in a mesothelioma case involving a young plaintiff with young dependents. The result was based on extensive research and analysis of historical government records to confirm the client was not involved in the construction project at issue and extensive negotiations with opposing counsel. Saved the client the cost of a dispositive motion and potentially dangerous trial verdict.

  • Obtained summary judgment for a roofing manufacturer in a living mesothelioma case with only two viable defendants and a settlement demand of over $1 million, saving the client the cost of trial and a potentially large adverse verdict.

  • Obtained summary judgment to dismiss the plaintiff's complaint in a lead poisoning case brought against an insured homeowner client based on the client's lack of notice of a potential hazard in the property. Following the dismissal of the complaint at the trial court level, successfully defended the plaintiff's appeals to the Appellate Division and NYS Court of Appeals.

  • Secured a voluntary dismissal for a school bus manufacturer in a mesothelioma case based upon extensive research and analysis of the company's complex corporate history and transactional documents, government sales records, and legal analysis to establish that the client was not liable for the product at issue. Avoided a costly summary judgment motion and established precedential discovery responses and materials for the client to use in defending future litigation.

  • Successfully obtained summary judgment for a manufacturing client in an asbestos matter where the plaintiff sought to rely on inadmissible hearsay. The case decision is now routinely relied upon by defendants in NYS asbestos litigation. 

  • Defended a utility in a $1 million personal injury action allegedly resulting from a failure to provide municipal lighting.

  • Successfully prosecuted appeals to the Appellate Division, Fourth Department and secured summary judgment in favor of an insurance company where the client did not owe any duty to the injured plaintiff.

  • Successfully defended defendants in multiple complex construction-related accidents, including defending claims under Labor Law § 240, with verdicts taken through trial.

  • Obtained a dismissal of a lawsuit by a student alleging 17 causes of medical malpractice and intentional torts against a private university and its health care center.

  • Successfully obtained a dismissal of a premises liability action against an insurance company after the trial in which the plaintiff sought over $1 million in damages. 

  • Successfully defended a $170,000 claim by a utilities company for damage to equipment during a construction project.

  • Successfully defended a supermarket chain in a premises liability claim for an injury in a grocery store that was affirmed on appeal.

  • Represented a building owner in a trip-and-fall case involving a 25-year patient of the tenant doctor who allegedly tripped over the hallway runner when exiting the building and whose last demand was for $250,000. The jury found the condition of the vestibule was safe, finding in favor of the client.

  • Obtained summary judgment in a toxic-exposure and NYS Labor Law case with significant injuries claimed.

  • Obtained summary-judgment dismissal of a complaint against the county and district attorneys that sought $9 million in damages for malicious prosecution. 

Knowledge

Alerts

Press Releases

  • Ryan Altieri Named Associate After Admission to New York State Bar
  • Attorney Oliver Young Joins Barclay Damon

News

Featured Media

Alerts

NYS Courts to Implement Early Mandatory Mediation

Alerts

Takeaways From the USDA Interim Final Rule on Domestic Hemp Production

Alerts

The SHIELD Act: Update

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out