transactions

  • The Hoffman Companies
  • Financing and purchase of 60 Temple Place, Boston, MA
  • Frazer Capital & Co.
  • Sale of Back Bay portfolio
  • National Dentex Corporation
  • Public company merger with GeoDigm Corporation

General Liability Defense

Overview

Since its founding, Posternak has handled a wide variety of general liability defense matters for business, individual and insurance clients, including personal injury, wrongful death, toxic torts, commercial products, civil rights, lead paint poisoning, consumer protection, construction, negligent supervision, property damage, negligent security, dram shop and landlord-tenant claims.  The firm also has successfully handled many of these cases on appeal.

Our attorneys handle claims on behalf of individuals, corporations, restaurants and bars, property owners, managers, housing authorities and other government agencies, apartment buildings, retail stores, manufacturers, collection agencies, trucking companies, and other businesses and institutions.

Representative cases

  • Negotiation of a favorable pre-trial settlement of a child sledding death claim for short money based upon creative legal argument that Recreational Use Statute, which is usually advanced on behalf of government actors, also applies to private property owner defendants.
  • Over 15 years of case dismissals and favorable settlements wherein our clients paid considerably less than defendants in similar cases in lead paint poisoning and other toxic tort claims.
  • Filing of an amicus curiae brief on behalf of several housing authorities concerning the protective scope of the Massachusetts Tort Claims Act.
  • Dismissal after trial of a claim under Federal statutes that a lobsterman caused harm to protected whales.
  • Dismissal after trial of claims against a mental health professional for negligence and slander.
  • Dismissals of consumer claims against debt collectors for alleged violation of the Federal Fair Debt Collection Practices Act.
  • Negotiation of a favorable settlement for an insured housing authority in a multi-plaintiff case arising from a massive hepatitis epidemic.
  • Coordination of the defense and ultimate settlement of a construction site death case involving over a dozen defendants.
  • Defense of a local charter and excursion line in a series of personal injury claims stemming from an accident on a whale watch cruise in the Boston Harbor.
  • A verdict for the defense in a wrongful death action arising out of an apartment building fire.
  • A defense verdict for a public housing authority in a negligent security case involving an alleged sexual assault in a tenant's apartment.
  • Defense and favorable settlement of a claim brought against a fire alarm installation contractor arising from a fire causing multiple fatalities and several million dollars in property damage.
     

Our clients have included:
Chicago Insurance 
Church Mutual Insurance 
Empire Insurance 
Housing Authority Ins. 
Farmers Insurance Co. 
First State Insurance 
Hanover Insurance 
Interstate Insurance Group 
Lexington Insurance Co. 
Markel Corporation
Monitor Liability Managers
Mutual Marine 
National Union Insurance 
Omaha Property & Casualty Co. 
Shand, Morahan & Co., Inc.
TIG Insurance Company 
Underwriters at Lloyd’s London 
Universal Underwriters Ins. Co.
Zurich American

Related Services Areas

Professionals

Steven Broadley

Partner617.973.6136 fax 617.722.4909sbroadley@pbl.com

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