About Timothy J. Hartigan

Timothy provides legal counsel to insured individuals and corporations who are defendants in claims arising in the areas of premises liability, product liability, construction defects, and auto liability. Tim also represents homeowners sued for alleged failure to disclose pre-sale conditions of their homes to buyers, a practice area referred to as real estate sellers disclosure liability. He has defended claims on behalf of companies in slip and fall cases, manufacturing design and defect cases, and failure to warn cases.

Tim has litigated multiple construction defect matters in Philadelphia and surrounding county courts involving stucco/ EIFS coated structures and water intrusion, both as the stucco contractor and on behalf of other trades. Stucco/ EIFS issues have also been involved in many of the seller's disclosure cases he has litigated. He has handled mold litigation that were contained within larger construction-defect related claims.

Tim's significant experience in this area has allowed him to develop a working familiarity with residential construction techniques and related liability issues. He has litigated more general construction defect issues, including building code compliance on behalf of general contractors performing casualty remediation on existing structures.

To date, Tim has tried roughly a dozen cases to verdict in state and federal courts in Pennsylvania. Hundreds more have been handled to a successful conclusion through public and private arbitration forums. Tim regularly serves as an arbitrator on cases in both Montgomery and Delaware Counties.

Prior to joining Marshall Dennehey, Tim was an associate at the law firm of Kelly, McLaughlin and Foster, after working at the law firm of Margolis Edelstein. At both firms, Tim primarily handled premises liability and automobile liability matters for the insurance company clients' policyholders. Tim also maintained a solo practice focusing exclusively on automobile and casualty subrogation for nearly eight years for over a dozen different insurance company clients.

Tim is a graduate of the University of Pennsylvania's Wharton School and Rutgers School of Law. He was the recipient of the American Jurisprudence Award for Achievement in the study of Torts while matriculating at Rutgers School of Law.

Year joined

2004

Results

Successful resolution of premises liability action.

General Liability
July 25, 2019

We successfully tried a premises liability action to a defense verdict in favor of a resident’s association in the Chester County Court of Common Pleas, and also successfully defended against the plaintiff’s appeal. The plaintiff, who was a community resident (formerly married to a unit owner but not an owner herself), claimed that she tripped and fell on a tree branch on common area steps at night as a result of a burned out PECO-owned lamp, and that the Association failed to ensure that the light was fixed.

Thought Leadership

Classes/Seminars Taught

Panelist, Pennsylvania Bar Institute Continuing Legal Education program, Philadelphia's Compulsory Arbitration Program, 2001

 

Awards

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Services

Areas of Law

  • Other 5
    • General Liability
    • Automobile Liability
    • Architectural, Engineering and Construction Defect Litigation
    • Real Estate E&O Liability
    • Product Liability

Practice Details

  • Firm Information
    Position
    Shareholder
    Firm Name
    Marshall Dennehey
  • Representative Cases & Transactions
    Cases
    Significant Representative Matters: Represented owner of deer fencing company sued by independent contractor whose assistant was injured when a tension cable being used in the installation of a deer fence system snapped
    lacerated the plaintiff's face
    eyes. Established that plaintiff himself was the cause of the cable snapping
    subsequent injuries. Defense verdict.
    Defense verdict in novel negligence/premises liability case. Defended a night club which had hired an off-duty state constable as a security guard who shot
    killed a pedestrian who had just pulled a h
    gun
    fired into a crowd of people on a busy city sidewalk. Two byst
    er plaintiffs alleged they were struck by bullets fired by the constable's weapon. Jury apparently agreed with our position that the decedent created a public hazard
    that the constable's response was necessary
    appropriate. We also argued that there was no proof that the byst
    ers were struck by bullets from the constable's weapon. We established that at least two other weapons were discharged during the situation
    there were more bullets
    bullet fragments present than could be accounted for by the known weapons. One byst
    er did not have the bullet removed from his body,
    the bullet which struck the other byst
    er passed through her body
    was not identified from those recovered at the scene.
    Represented seller of home accused by plaintiff of failure to disclose numerous of prior incidents of water intrusion. Conceded a single incident of water intrusion, which occurred post execution of agreement of sale
    which was thought to have been repaired. Asked the jury to find for the plaintiff in the amount of approximately $2,000 for repairs related to that incident. Jury returned verdict of $2,500 for plaintiff.
    Represented plumbing contractor joined by home builder as an additional defendant in numerous construction defect cases commenced against builder by homeowners. Successfully raised The Gist Of The Action Doctrine as a complete bar to claims for contribution
    indemnification by builders. Five claims dismissed on motions in Chester County Court of Common Pleas. Two more claims pending in Delaware County Court of Common Pleas.
    Published Works: The (Rarely Heard) Other Voice In The Courtroom, Defense Digest, 2004
    Limit Those Claims: Applying the 'Gist of the Action Doctrine' to Remove Negligence, Fraud, Common Law Contribution
    Indemnification Claims, Defense Digest, 2008

Experience

  • Bar Admission & Memberships
    Admissions
    1992, Pennsylvania
    1993, U.S. District Court Eastern District of Pennsylvania
    Memberships

    Associations & Memberships

    •Montgomery County Bar Association, 2005 - Present
    •Pennsylvania Bar Association, 1992 - Present

  • Education & Certifications
    Law School
    Rutgers, The State University of New Jersey School of Law - Camden, Camden, New Jersey
    Class of 1992
    J.D.
    Other Education
    University of Pennsylvania, Wharton School
    Class of 1982
    B.S.
    Economics

Contact Timothy J. Hartigan

Share Holder at Marshall Dennehey
4.5
11 reviews

620 Freedom Business Center, Suite 300King Of Prussia, PA 19406U.S.A.

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Fax: (610) 354-8299

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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    Timothy J. Hartigan was admitted in 1992 to the State of Pennsylvania.
  • Is this attorney admitted to practice in any U.S. Federal Courts?
    Timothy J. Hartigan is admitted to practice before the United States District Court for the Eastern District of Pennsylvania.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, Timothy J. Hartigan has a 4.5 Peer Rating from Martindale-Hubbell.
  • What law school did this attorney attend?
    Timothy J. Hartigan attended Rutgers, The State University of New Jersey School of Law - Camden, Camden, New Jersey.