Overview

Each of Reminger’s offices has a strong core of lawyers with expertise in retail and hospitality liability claims. We vigorously defend against all types of claims including the traditional adulterated food, ‘slip/trip and fall’, and ‘falling object’ cases, as well as the high exposure false arrest, pharmaceutical negligence, negligent security, and dram shop liability matters. In addition, we counsel these same clients about risk management, safety concerns and post-accident investigation.

Our attorneys work with self-insured retailers, general liability insurance carriers, and units of liability insurance carriers dedicated to specific insureds. We, at no charge, participate in safety and risk control seminars for the clients, and are available, again without charge, for periodic 'I have a question' calls from clients. Our goal is not just to be the premier defense counsel on these types of claims, but also to work with clients to minimize these claims.

An innovative and unique aspect of this practice group is its familiarity with and interaction with other practice areas that clients with premises liability exposure also have: employment and workers compensation claims. Several members of this group are members of other relevant groups because of the cross training important to our retail clients.

Our Service and Philosophy of Case Handling

  1. Dedicated client service. Our Practice Protocol™ requires our attorneys to acknowledge receipt of an assignment by phone, e-mail or fax, depending upon the client's wishes, within 30 minutes of receipt of the assignment. After contact with the client/insured and opposing counsel, we provide an initial analytical report, game plan and projected budget within 7 days of receipt or completed investigation.
  2. Philosophy of Practice. Reminger attorneys are trial lawyers, rather than 'litigators'. Once we determine the basic facts, we collaborate with the client consensus on a case handling strategy for the case. We become proactive in resolving the matter in the least amount of time, with the least amount of expense, and at the most favorable result to the client possible. Our philosophy is that the 'only good file is a closed file, and closed on our terms'.
  3. We are a good value. Our firm is a pioneer in 'alternative fee' arrangements with clients. If a client chooses to be charged by the hour, our rate is simple and straightforward. We use a singular, blended, net hourly rate, applicable to all handling attorneys. Our net rate is inclusive of all in-house, out-of-pocket expenses. Thus, there are no extra charges for such things as long distance telephone, mailings, mileage, computer usage research charges, fax, copies, etc. We are ready, willing and able to discuss alternative fee arrangements, such as flat fee per case, phase billing or reverse contingencies were we share in the ultimate savings on a particular case from an agreed upon 'value' if a matter can be resolved for less than that amount. You will find no firm more innovative in fee structuring than Reminger.
  4. Value-added components. Our Retail and Hospitality Liability Group members are available for complimentary consultation with both insureds and claim representatives for input and counsel in areas of loss prevention, case evaluation, substantive law, expert retention, and claim management. Our attorneys also make themselves available on a complimentary basis to assist agents and carriers in marketing presentations to professional groups and associations. Our aim is to be your counselors, not just your defense counsel. Our in-house videoconferencing facilities and total firm electronic integration allows us to conduct interviews, discovery, and presentations with economic efficiency and unlimited reach.

Representative Clients

Representative Clients: Wal-Mart, Dollar General, Darden Restaurants, Menard, Inc., Macy’s Corporate Services, SuperValu Inc., Cinemark. 

Insurance Carriers/TPAs: Zurich-America Insurance Group, Gallagher Bassett Services, Inc.

Testimonials

“Reminger lawyers do a wonderful job in completing the Initial Attorney Evaluation Report. They are succinct and get right to the point of the issues of liability and damages without the encumbrance of unnecessary information.“ - Brian, Senior Associate Counsel

“This case represented the first opportunity I have had to use Reminger and the Louisville office. Reminger did a wonderful job by expeditiously, resolving a 3rdparty liability claim. I can’t wait to use Reminger again.” -Mike, Risk Management

"All of the Reminger attorneys who serve on our retail risks are doing very well. We couldn’t ask for anything better."
-Timothy, Divisional Vice President

"Our third party hospitality liability claims could not be handled better than what the Reminger lawyers accomplish. Whenever I have a question, it is quickly answered and I never have to chase them for information.”
-Mi Mi, Senior Claim Adjuster

"We value our relationship with Reminger,  who can always be counted on to immediately spring to a claim assignment that presents an emergency, with the problem being solved quickly and efficiently.”
-Michelle, Sr. Litigation and Claim Administrator

"We use Reminger’s Kentucky lawyer members of the firm’s Retail & Hospitality Group. They do a great job."
-Nancy, Claims Director

“Reminger’s performance on our restaurant franchise program has been excellent in service, result and value.”
-Mike, GL Litigation Adjuster

Results

  • Jun 29, 2020, Reversal of Summary Judgment Denial
    Court of Appeals of Indiana

    Plaintiff was a patron at Cooper’s Hawk Restaurant. She slipped and fell while exiting the women’s restroom. Compound fracture of her ankle. The issue on appeal was whether or not the trial court errored in denying Cooper’s Hawk’s motion for summary judgment that Cooper’s Hawk had no actual or constructive knowledge of any dangerous condition that Plaintiff alleged caused her fall and that Plaintiff failed to identify the proximate cause of her injuries. Appellate Court reversed the trial court denial finding that the designated evidence did not show that Cooper’s Hawk had actual or constructive knowledge of any dangerous condition on the floor that could have caused the Plaintiff’s fall.

  • Mar 25, 2020, Plaintiff Verdict
    U.S. District Court for the Southern District of Indiana

    Prosecution of premises liability claim against the U.S. government, resulting in nearly $900,000 award for damages.

  • Feb 20, 2020, Motion For Summary Judgment Granted
    Warren

    The Court found that the condition  (a box) was open and obvious and as such, defendant had no duty to warn related to it. The Court also briefly discussed the lack of notice as additional grounds to support summary judgment. 

  • Feb 6, 2020, Dismissal
    Jefferson County

    Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.

  • Till v. Defendant
    Feb 2, 2020, Affirmed on Appeal after Oral Argument
    Indiana Southern District/Seventh Circuit Court of Appeals

    Obtained summary judgment on the issue of duty regarding an delivery truck driver for a contractor alleged Dollar General was negligent in packing delivery carts bound for Dollar General stores. Judgment was unanimously affirmed on appeal after oral argument.

  • Jan 24, 2020, Directed Verdict
    Allen, Small claims

    Arbitration defense of hospitality discrimination claim

  • Dec 6, 2019, Dismissal
    Portage County Municipal Court

    Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.

  • Aug 14, 2019, Motion for Summary Judgment granted for indemnity and attorney’s fees
    Scioto

    Prosecution of claims for indemnification and attorney fees

  • Aug 14, 2019, Motion for Summary Judgment granted for indemnity and attorney’s fees
    Scioto

    Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees

  • Aug 8, 2019, Dismissal granted
    Lawrence

    Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment. 

  • Aug 6, 2019, Motion For Summary Judgment
    Butler County

    Obtained Decision and Entry granting summary judgment on a premises liability case with significant injuries.

  • Aug 2, 2019, Directed verdict affirmed on appeal
    Lucas

    Plaintiff/Appellant appealed a directed verdict dismissing all Defendants as Plaintiff failed to prove both defendants were liable of tortious conduct as required to apply the doctrine of alternative liability. 

  • Jul 26, 2019, Motion For Summary Judgment
    Sandusky

    Defense of premises liability claim.

  • Jul 15, 2019, Dismissal
    Daviess County, Indiana

    Dismissal of premises liability claim

  • Jun 3, 2019, Summary Judgment
    Delaware

    Defense of premises liability case alleging significant injury

  • May 30, 2019, Summary Judgment Granted
    Hamilton County Superior Court

    Plaintiff alleged negligence against the operator of an exercise facility.

  • Apr 29, 2019, Summary Judgment Affirmed on Appeal
    Wood

    Plaintiff/Appellant claimed she slipped and fell on spilled sour cream in the cooler section at Dollar General and incurred injury.

  • Feb 11, 2019, Summary Judgment
    Hamilton

    Obtained summary judgment on behalf of a trampoline park facing claims of negligence and premises liability.

  • Oct 1, 2018, Motion For Summary Judgment Granted
    Wood

    Defense of premises liability personal injury claim

  • Sep 26, 2018, Summary Judgment Affirmed
    1st Appellate District (Hamilton County)

    Charles Patterson, et al. v. Adelta, Inc.

    Appeal of summary judgment in premises liability case involving inherently dangerous work.

  • Sep 24, 2018, Motion For Summary Judgment Granted
    Erie

    Defense of personal injury slip and fall in restroom

  • Sep 13, 2018, Finding For Defendant
    Hamilton

    Arbitration defense of property damage claim

  • Jul 25, 2018, Defense Verdict
    Allen County, Indiana

    Defense of local store of national pet care franchise against allegations of injury to pet  

  • Apr 19, 2018, Motion For Summary Judgment Granted
    Hamilton

    Defense of claim alleging improper installation of ramp at an annual outdoor festival, which resulted in physical injury to plaintiff.

  • Jan 12, 2018, Finding For Defendant
    Coshocton

    Bench Trial of alleged employer garnishment violation pursuant to Ohio law.

  • Nov 16, 2017, Defense Verdict
    Marion County, IN

    Defense of premises liability claim

  • Oct 19, 2017, Finding For Defendant
    U.S. District Court, Northern District of Ohio

    Arbitration defense of commercial premises liability personal injury claim with large Medicaid lien.

  • Oct 18, 2017, Motion For Summary Judgment Granted
    Cuyahoga

    Defense of premises liability claim re one-way turnstile at its entrance without posted warning.

  • Sep 29, 2017, Motion for Summary Judgment and Permanent Injunction
    Hamilton

    Obtained permanent injunction on behalf of Plaintiffs preventing protests and demonstrations on private property.

  • Jul 19, 2017, Motion For Summary Judgment Granted
    Jefferson County

    Defense of commercial premises liability personal injury claim

  • Jul 8, 2017, Motion for Judgment on Pleadings granted
    Trumbull

    Defense of personal injury claim leading to incarceration. (Wal-Mart)

  • Jul 6, 2017, Finding For Defendant
    Cambridge

    Arbitration defense of commercial service dispute re installation of allegedly defective tires

  • Jun 16, 2017, Summary Judgment
    Delaware County, IN

    Defense of retail and hospitality personal injury claim arising from a gym member’s trip and fall over the electrical cable housing positioned in front of a row of treadmills.

  • May 24, 2017, Finding For Defendant
    Clermont

    Arbitration defense of property damage commercial premises liability claim

  • May 12, 2017, Finding For Defendant
    54 District Court (MI)

    Arbitration defense of hospitality liability claim for wrongful eviction and discrimination

  • May 8, 2017, Defense Verdict
    Washington

    Defense of commercial premises liability claim

  • Apr 28, 2017, Motion For Summary Judgment Granted
    U.S. District Court, Southern District of Ohio, Eastern Division

    Defense of retailer in retail & hospitality personal injury claim involving slip and fall.

  • Apr 14, 2017, Defense Verdict
    Clark, IN

    Defense of personal injury commercial premise liability claim

  • Apr 12, 2017, Defense Verdict
    Scioto

    Defense of personal injury commercial premise liability claim

  • Mar 20, 2017, Summary Judgment
    Allen County, Indiana

    Defense of personal injury claim arising from an invitee alleging to have tripped and fallen on landscape feature of client’s business property

  • Feb 28, 2017, Summary Judgment Granted
    Tippecanoe Superior Court

    Defense of negligence claim brought by a Plaintiff who asserted that she tripped and fell while walking into a restaurant.

  • Feb 17, 2017, Defense Verdict
    Hamilton County, IN Small Claims

    Arbitration defense of property damage retail premises

  • Jan 25, 2017, Summary Judgment
    Butler County

    Plaintiff alleged to have slipped and fell as a result of a wet floor, alleging significant injuries and surgical repair and rehabilitation 

  • Jan 17, 2017, Summary Judgment Granted
    Cuyahoga County

    Defense of a restaurant from a claim of negligence brought by a Plaintiff who asserted she slipped and fell 

  • Oct 12, 2016, Finding For Defense
    Henry

    Arbitration defense of commercial services property damage liability claim

  • Sep 20, 2016, Won on Defense Motion to Dismiss
    Marion County, IN

    Defense of retail and hospitality personal injury / invasion of privacy claim arising from a third party contractor alleged to have watched business invitee while she changed clothes in dressing room

  • Sep 2, 2016, Motion For Summary Judgment
    Sandusky

    Defense of premises liability claim

  • Jun 3, 2016, Plaintiff Verdict
    Mahoning

    Defense of admitted liability personal injury claim

  • Apr 5, 2016, Finding For Defendant
    Miami

    Arbitration defense of commercial services liability claim

  • Mar 3, 2016, Defense Verdict
    USDC, KY

    Defense of commercial premises liability claim

  • Feb 12, 2016, Judgment on the Pleadings
    Marion County, IN

    Obtained judgment on the pleadings in favor of a national restaurant chain facing claims of alleged building code violations.

  • Dec 15, 2015, Judgment Affirmed
    10th Appellate Dist

    S. Smith-Huff v. Wal-Mart Stores

    Plaintiff appealed adverse trial court decision granting retailer summary judgment in retail & hospitality personal injury claim involving trip and fall.

  • Nov 9, 2015, Judgment Affirmed
    3rd Appellate Dist.

    J. Moore v. Dollar General Corp.

    Plaintiff appealed adverse trial court judgment in claim for false imprisonment and defamation.

  • Sep 10, 2015, Judgment Affirmed
    7th Appellate Dist

    Marc Cheeks et al. v. Wal-Mart Stores, Inc.,

    Plaintiff appealed adverse trial court judgment in wrongful arrest claim.

  • Jun 29, 2015, Motion For Summary Judgment Granted
    Jefferson County, KY

    Defense of premises liability claim

  • May 31, 2015, Motion For Summary Judgment
    Cuyahoga

    Defense of premise liability personal injury claim

  • R. Rush, et al. v. Samaritan Emergency Physicians LLP, et al.
    May 20, 2015, Directed Verdict
    Ashland

    Defense of emergency medicine medical malpractice claim

  • Apr 3, 2015, Defense Verdict
    Kettering

    Arbitration defense of property damage commercial premises liability

  • Jan 15, 2015, Motion for Judgment on the Pleadings granted
    Mahoning

    Defense of commercial premises personal injury claim

  • Jan 13, 2015, Finding For Defendant
    Brown

    Arbitration defense of commercial premises liability property damage claim

  • Jan 13, 2015, Finding For Plaintiff
    Girard

    Arbitration defense of property damage commercial liability
    claim

  • Nov 24, 2014, Injunction granted
    Hamilton

    Prosecution of injunction action against International Union regarding flash mobs.

  • Oct 16, 2014, Motion for Summary Judgment Affirmed
    8th Appellate Dist

    M. Citron-Colon v. Save-A-Lot

    Plaintiff appealed adverse trial court judgment in premises liability retail & hospitality claim

  • Aug 15, 2014, Judgment Affirmed
    Floyd County, KY

    Plaintiff appealed
    adverse trial court judgment in commercial premises liability claim

  • Jul 3, 2014, Judgment Affirmed
    2nd Appellate Dist

    J. Johnson, et al., v. Wal-Mart Stores East, LP

    Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim

  • Dec 19, 2013, Judgment Affirmed
    10th District Court of Appeals/Franklin Co

    Sue Mercer v. Wal-Mart Stores et al. 

    Plaintiff appealed adverse summary judgment ruling in premise liability case. 

  • Nov 18, 2013, Finding For Defendant
    Mahoning

    Arbitration defense of commercial premises liability claim

  • Sep 24, 2013, Judgment Affirmed
    10th Appellate Dist

    Maureen King v. East Worthington Village, et al.

    Plaintiff appealed adverse trial court judgment in commercial premises liability claim

  • Sep 13, 2013, Judgment Affirmed
    6th Appellate Dist

    Donald Diamond, et al. v. TA Operating LLC dba Petro Shopping Centers, et al.

    Plaintiff appealed adverse trial court judgment in slip and fall premises liability claim

  • Aug 1, 2013, Defense Verdict
    Lorain

    Arbitration defense of commercial premises liability personal injury claim

  • Jun 27, 2013, Judgment Affirmed
    10th Appellate Dist

    Nadezhda Titenok v. Wal-Mart Stores, Inc.

    Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim

  • Jun 24, 2013, Judgment Affirmed
    4th Appellate Dist

    Marianne Ray, et al. v. Wal-Mart Stores, Inc.

    Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim.

  • Jun 20, 2013, Summary Judgment
    Belmont

    Defense of improper inspection and service to vehicle

  • May 17, 2013, Summary Judgment on behalf of Defendants
    Fayette Cty, KY

    Defense of Dram Shop Act claims

  • May 9, 2013, Plaintiff Verdict
    Greene

    Defense of personal injury commercial premises liability claim

  • Apr 24, 2013, Defense Verdict
    Lake

    Defense of premises/retail and hospitality claim

  • Apr 12, 2013, Motion For Summary Judgment Granted
    U.S. District Court, Northern Ohio

    Defense of commercial premises liability matter

  • Jan 22, 2013, Motion For Summary Judgment Granted
    Franklin

    Defense of commercial premises liability claim

  • Nov 15, 2012, Motion For Summary Judgment Granted
    Wood

    Defense of commercial premises liability claim

  • Nov 12, 2012, Defense Verdict
    Cuyahoga

    Arbitration defense of commercial premises liability

  • Jul 13, 2012, Trial Court Granted Defendants Motion for Summary Judgment
    Cuyahoga

    Defense of premise liability claim

  • Jun 5, 2012, Favorable Outcome
    Floyd County, KY

    Defense of commercial premises liability personal injury claim.

  • Jun 1, 2012, Finding For Defense
    South Euclid Small Claims

    Defense at Small Claims trial involving claims that Wal-Mart sold a defective oil filter

  • May 3, 2012, Judgment Affirmed
    10th Appellate Dist

    Kathleen McGrath, et al. v. Team Columbus Soccer, LLC

    Plaintiff appealed adverse trial court judgment in sports facility commercial premises liability personal injury claim

  • Apr 12, 2012, Summary Judgment
    Franklin

    Sports facility commercial premises liability personal injury claim

  • Apr 12, 2012, Summary Judgment
    Franklin

    Defense of sports facility commercial premises liability personal injury claim

  • Mar 27, 2012, Judgment Affirmed
    7th Appellate Dist

    Q. Lacy v. Wal-Mart

    Plaintiff appealed adverse trial court judgment in commercial premises liability claim.

  • Jan 12, 2012, Summary Judgment Affirmed
    8th Appellate Dist

    K. Bonner v. American Bottling Co.

    Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter

  • Jul 13, 2011, Judgment Affirmed
    5th Appellate Dist

    Noel Christian, Admr., et al. v. Wal-Mart Stores East, LP

    Plaintiff appealed adverse trial court judgment in wrongful death claim in commercial premises liability.

News

Events

  • Beating the Reptile with a Persuasive Narrative: A Study from Alameda County
    Dallas, TX, Feb 7, 2019
  • Kitchen Culture Update and Sexual Harassment
    Columbus, OH, Oct 11, 2018
  • In-House Perspectives on Diversity
    Cleveland, OH, May 22, 2018
  • Nuances in the Application of Common Premises Liability Rules by Ohio, Indiana, Kentucky
    Newtown, PA, Aug 11, 2017
  • Transgender Employees & Customers: Practical Considerations for Managing Risk & Politics
    Webinar, Jun 15, 2017
  • Transgender Employees & Customers: Practical Considerations for Managing Risk & Politics
    Grapevine, TX, Feb 22, 2017
  • Preparing for the Unexpected Civil Disobedience Protests Demonstration Affecting Retail & Hospitality
    The Harmonie Group – Spring 2016 conference, New Orleans, LA, Jun 13, 2016
  • Dress Code Considerations in the Workplace
    Claims and Litigation Management Alliance Retail & Hospitality Conference, Tampa, FL, Feb 4, 2016
  • Premises Security Claim Resolution
    Claims and Litigation Management Alliance Continuing Education Seminar, Overland Park, KS, Aug 19, 2015
  • #Donteat@Joes – What Happens When Foodborne Illness Claims Go Viral
    National Retail & Restaurant Defense Association Seminar, Austin, TX, Feb 12, 2015
  • Preparing for the Unexpected Civil Disobedience, Protest and Riots
    Harmonie Retail & Hospitality Conference, Chicago, IL, Oct 28, 2014
  • Preparing for the Unexpected: Civil Disobedience, Protests and Riots – What CommercialProprietors Need to Know
    Harmonie Retail & Hospitality Seminar, Chicago, IL, Oct 15, 2014
  • Ethics and Advertising in Retail and Hospitality
    DRI Strictly Retail and Hospitality Conference, Chicago, IL, May 15, 2014
  • Retail and Hospitality Litigation and Claims Management Seminar
    The Westin Chicago-Chicago, IL, May 15, 2014
  • Retail patron has no cause of action for tripping on protruding object without relating the condition to the stores performance or constructive knowledge. - Published Case: Ray v. Wal-Mart Stores, Inc., 2013-Ohio-2684
    Sep 30, 2013
  • Using Criminal Background Checks to Make Employment Decisions
    Harmonie Retail and Hospitality Fall Seminar - Toronto, Canada, Sep 28, 2013
  • Hiring and Monitoring: Complying with Federal and State Employment Laws
    DRI Strictly Retail & Hospitality Conference - Chicago, IL, May 16, 2013
  • Ethical Considerations in Retail and Hospitality Claims Litigation
    Academy of Hospitality Industry Attorneys Annual Conference - Alexandria, VA, Apr 26, 2013
  • Premises Liability Claims in Ohio and Kentucky
    Dollar General Claim Representatives - Nashville, TN, Apr 15, 2013
  • Preserving Security Evidence and Retailer and Hospitality Liability
    Sedgwick Save-A-Lot Dedicated Claims Unit - Minneapolis, MN, Jan 16, 2013
  • Claims Management Challenges – Bad Faith Claims and Prejudgment Interest
    Big Lots CEU Institute - Columbus, OH, May 18, 2011
  • Claims Management and Tort Reform Limitations
    Big Lots CEU Institute - Columbus, OH, May 18, 2011
  • Protecting the Retailer Through the Best of Available Insurance Products and Risk Transfer
    2nd Annual Strictly Retail DRI Conference - Chicago, IL, May 12, 2011
  • An Overview of Defenses and Duties to Invitees in Commercial Premises Liability Claims - Wal-Mart Claims Management, Inc.
    Bartlesville, OK, Mar 6, 2011
  • Nuances in Ohio Commerical Premises Law, SuperValu and Save A Lot Risk Managers and Claim Personnel
    Cleveland, Ohio, Feb 5, 2010
  • Swimming Pool Issues
    Oct 5, 2009
  • Ohio's Premises Liability Law
    Oct 5, 2009
  • 'Open & Obvious' Defense Trumps Violation of Administrative Regulations
    Jul 10, 2009
  • "Employer Liability for Intentional Torts and Sexual Acts"
    May 20, 2009
  • "Tips for Finding what you Need to Quickly Tender Cases", Wal-Mart Outside Counsel Conference
    Rogers, Arkansas, Nov 13, 2008
  • "Commercial Premises Liability-LIability for Acts of Third Parties", National Business Institute CLE
    Columbus, Ohio, May 21, 2008
  • Amusement Park as a Target of Personal Injury Actions, International Association of Amusement Parks
    Orlando, FL, Nov 16, 2007
  • Ohio & Kentucky Premises Liability Law, Wasuau Insurance-McDonald's Claim Unit
    Milwaukee, WI, Nov 2, 2007
  • Principles of Commercial Premises Liability Exposures, Dollar General National Risk Management Team
    Nashville, TN, Aug 10, 2007

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