Retail & Hospitality

Rumberger, Kirk & Caldwell's work in the retail and hospitality sectors encompasses a wide range of litigation, transactional and regulatory services.  RKC has developed vast experience serving as regional and coordinating counsel for a big box retailer, in addition to serving as Florida counsel for numerous retailers. RKC's counseling under the retail law umbrella ranges from advising clients on legal initiatives, risk assessment and avoidance, ADR solutions and litigating all manner of cases. Our team of attorneys provides ongoing counsel and representation in areas critical to the retail sector such as: 

  • Premises Liability
  • Employment and Labor
  • Foodborne Illness
  • Toxic Torts and Pesticides
  • Commercial Issues
  • Construction
  • Product Liability


RKC's litigators are mindful of the financial burden lawsuits place on its retail and hospitality clients. These suits may disrupt business operations and consume employees' time. With this understanding, our approach to defending these types of suits also keeps costs at the forefront. If possible, and beneficial to the client, RKC will attempt early resolution of lawsuits before significant fees and costs are incurred. Our cost conscious defense approach has resulted not only in favorable case resolutions, but lower defense costs and disruption to business operations. 
In an effort to lower litigation costs for its clients, we have developed presuit mediation protocols. The purpose of these protocols is to identify cases which may be resolved prior to the filing of a lawsuit.  We  work with our clients during the presuit phase to identify eligible claims, conduct investigation and interview witnesses, and participate in presuit mediations. Early involvement of RKC attorneys has served to help clients evaluate cases with more information than they may typically have during the presuit phase.   With this approach, we have been able to save our clients significant litigation costs. 

Hotels and Resorts

RKC has defended a number of flagged franchise hotels and resorts against claims of personal injury, ranging from routine slip and falls to wrongful death, and claims resulting from crimes committed by unknown perpetrators against guests. To defend these claims, our attorneys investigate the scene, speak with the employees and law enforcement officers, and work with experts in the security field.


RKC provides a full array of litigation services for the restaurant industry. Our clients have ranged from the nation's leading fast food and sit-down restaurants to family-owned restaurants. We defend restaurant clients against slip and fall claims, chair and stool fall claims, claims of foreign objects in food, food poisoning, and employment discrimination. Our commercial litigators have experience in franchise termination lawsuits and in other commercial disputes between franchisors and franchisees.   Our attorneys can also provide counsel to restaurant owners for minimizing the possibility of, and handling discrimination lawsuits, Fair Labor Standard Act litigation, and sexual harassment claims.  

Theme Parks

RKC represents amusement and theme parks, carnivals, and other places of entertainment in all types of litigation including claims for injuries on rides and attractions, premises liability cases, claims regarding the negligent service of alcohol, allegations of wrongdoing by security personnel, animal attacks, commercial litigation and compliance with administrative rules regarding theme parks, employee workplace injuries, and discrimination claims. We have defended major theme parks, zoos, sports, pari-mutuel, and other entertainment venues, go-cart tracks, roller rinks, and many other types of family recreational centers

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