Eric Berger

Eric J. Berger concentrates his practice in construction and labor law, product liability, and toxic tort matters. Eric represents corporations and municipalities in the defense of high-exposure, catastrophic casualty claims, including cases involving traumatic brain injuries, arising from alleged violations of the New York State Labor Laws, and other claims.

Eric has extensive experience representing manufacturers in product recalls and representing manufacturers, distributors, and retailers in product liability matters arising from alleged defects in commercial and industrial products.

Eric represents building owners and major construction companies in the defense of construction defect, environmental pollution, and property damage claims and represents corporations, municipalities, and building owners and managers in the defense of casualty claims arising from various toxic exposures.

In addition to handling traumatic brain injury cases, Eric has assisted with presentations to claims representatives at some of the largest insurance companies in the country, including AIG and Travelers, as well as to fellow attorneys at presentations sponsored by the New York State Bar Association Torts, Insurance, and Compensation Law section.

Eric earned his undergraduate degree from Columbia University and his law degree from Boston University School of Law.

EXPERIENCE :

• Secured reversal of the trial court’s denial of summary judgment in a case centering on injuries an infant allegedly sustained from exposure to lead paint in an apartment owned by our client. We convinced the appellate court to grant the motion for summary judgment on the grounds that our client did not have notice that the infant resided at the apartment in question before he sustained any injuries.
• Won summary judgment in a case centering on allegations that an infant suffered injury due to the presence of lead paint in his residence. The trial court found that our client, the manager of the condominium complex at issue, neither owned or controlled the premises, assumed any duty to the plaintiffs, nor had actual or constructive notice of the lead paint condition alleged to have caused the injury. This decision was affirmed on appeal.
• Successfully secured remittitur of a verdict, taken by a predecessor defense firm, from almost $6 million to less than $1.9 million in a personal injury case in Bronx County, New York. The plaintiff had sustained a serious back injury when he fell while attempting to climb out of a trench dug by our client, and had been awarded damages for future medical costs, and for pain and suffering, which we convinced the court were against the weight of the evidence, speculative, and/or excessive.

EDUCATION :

• Boston University School of Law, J.D., 1999
• Columbia University, B.A., 1996

BAR ADMISSIONS : New Jersey; New York

COURT ADMISSIONS :

• U.S. District Court — Eastern District of New York
• U.S. District Court — New Jersey
• U.S. District Court — Southern District of New York

AFFILIATIONS :

• New York County Lawyers Association
• New York State Bar Association