Practice/Industry Group Overview
Ropers lawyers have defended thousands of premises liability cases since the founding of the firm in 1950. Our premises liability experience includes representation of national retail and restaurant corporations, shopping centers and individual property owners. We have handled actions involving all types of liability claims, including claims of excessive force by security guards, failure to provide adequate security, wrongful employment practices, harassment, discrimination, trip/slip and fall accidents, pharmaceutical malpractice and related product liability matters.
In recent years, California courts have seen a growing number of assault and excessive force cases against security guards. We have successfully defended our corporate clients by demonstrating the lack of agency or control over the conduct of the guards involved. Where there has been a direct employment relationship with the guard and the shopping center or retailer, we have used expert testimony to establish compliance with industry standards in hiring, training, conduct and retention of security personnel.
We have also been successful in using expert testimony on a variety of other issues including accident reconstruction, medical product liability, coefficient of friction and human factors.
Premises liability litigation often involves related claims for product liability when an on-site accident involves a product display or demonstration. We have effectively tendered the defense of lawsuits to manufacturers or pursued cross-complaints to immunize the shopping center or retailer from both defense and indemnity costs.