Scroll to top of page.

David S. Henry

Chair, General Liability & Third-Party Insurance Defense

David S. Henry Attorney Profile | Kelley Kronenberg

Overview

David Henry is Chair of General Liability & Third-Party Insurance Defense, focusing his practice on complex insurance defense litigation.  While he is located out of the firm’s Fort Lauderdale office, David has clients who request that he represent them, or their insureds, across the State of Florida.

David defends businesses, municipalities, and individuals when they are sued under various tort theories.  He has gotten tremendous results for his clients by obtaining voluntary dismissals when an adversary has realized they cannot prevail, by summary judgment, at trial, and on appeal.  Currently, David’s practice is focused primarily on premises liability claims, including negligent security, dram shop liability, municipal liability, and product liability cases.  The potential exposure in many of the cases David handles is extensive due to alleged wrongful death or to alleged injuries such as quadriplegia, paraplegia, Traumatic Brain Injury, Reflect Sympathetic Dystrophy Syndrome, and other severe neurologic injuries.

David’s third-party insurance defense experience includes defense of clients sued under theories of premises liability, negligent security, construction accident, construction defect, automobile and trucking litigation, product liability cases, toxic tort cases, medical malpractice, directors and officer’s liability, professional malpractice, Section 1983, class action lawsuits, and Fair Debt Collection Practices Act.

Uniquely, David has experience defending cases with high media exposure and with communal interest.  He is also on the firm’s Rapid Response Team, making himself available as unforeseen circumstances arise regardless of the time of day.

In addition, David handles complex first-party property insurance defense.

The potential exposure in many of the cases David handles is extensive due to alleged wrongful death or to alleged injuries such as quadriplegia, paraplegia, traumatic brain injury (TBI), reflex sympathetic dystrophy (RSD)/complex regional pain syndrome (CRPS), and other severe neurologic injuries.

 

  • Florida
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Southern District of Florida
  • United States District Court, Middle District of Florida
  • New York
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
  • United States District Court, Western District of New York
  • United States District Court, Northern District of New York

 

  • St. John’s University School of Law, J.D., 2007
  • University of Florida, B.A., cum laude, 2004

 

  • Obtained summary judgment for a restaurant and bar sued in federal court for negligent security and violation of dram shop laws after three off-duty police officers shot and killed an underage male immediately following a dispute within the premises;
  • Obtained a defendant’s verdict at trial in favor of a gastroenterologist who was sued following perforating the plaintiff’s colon, leading her to need a plethora of surgical interventions.
  • Successfully defended a gynecologist sued for causing multiple perforations to a woman’s anatomy during a gynecological procedure.
  • Obtained a defendant’s verdict at trial in favor of a driver and the corporate vehicle owner for allegedly striking the plaintiff and causing him significant injuries. Also, David was successful in having the claim for punitive damages dismissed on procedural grounds.
  • Successfully defended a case against a trucking company that struck and killed plaintiff’s decedent on a motorcycle.
  • Successfully defended a homeowner from suit as a result of plaintiff being found at the bottom of the homeowner’s pool and being rendered a quadriplegic.
  • Obtained a dismissal of a suit against a retailer in a product liability suit where plaintiff was rendered a quadriplegic after diving into a lake at a YMCA.
  • Successfully defended a homeowner after a painter was injured after hitting his head on a “short door” in the home and underwent a multitude of spinal surgeries.
  • Successfully defended a contractor a the construction of a Lowe’s after an iron worker was severely injured on the construction site after getting his pant leg stuck in rebar and getting pinned by construction materials being moved.
  • Successfully defended a general contractor when plaintiff was electrocuted while pulling cables and fell off his ladder, causing him serious injuries.
  • Successfully defended a general contractor after a young boy wondered onto an abandoned construction site and an I-beam fell on the boy’s foot, requiring an amputated big toe.
  • Obtained summary judgment in favor of a general contractor after plaintiff had a piece of equipment break his leg, requiring multiple surgeries.
  • Obtained a verdict at the federal court trial of property damage to a yacht that was the same as the pre-trial settlement offer and significantly lower than the settlement demand or the amount plaintiff sought at trial.
  • Successfully defended window installer when a window fell on an older woman, breaking her hip.

 



Practice Areas




Accolades, Associations & News

  • The Florida Bar, Member
  • Broward County Bar Association, Member
  • American Bar Association, Member
  • New York Bar Association, Member
  • Defense Research Institute, Member

 

  • Best Lawyers: Ones to Watch, Insurance Law, 2022
  • Super Lawyers magazine, Florida “Rising Stars,” PI General: Defense, 2021

 

 

  • Florida Legislature Potentially Changing Tort Landscape…Here’s What You Need to Know, Kelley Kronenberg, February 7, 2020

 

  • Speaker: “Active Shooting Liability” February 2023
  • Speaker, “Traumatic Brain Injury,” February 2022
  • Speaker, “Somebody is Watching You – Social Media and Surveillance in Litigation,” February 2022
  • Speaker, School Shootings – Maze of Liability Complexity, The International Association of Claim Professionals (IACP) New York Conference, November 2021
  • Speaker, The “Open and Obvious” Defense in Florida: Not Typically a Complete Defense, September 2020
  • Speaker, Active Shooting Liability seminar, July 2019
  • Speaker, Negligent Security seminar, April 2018
  • Speaker, Active Shooting & Liability Coverage seminar, January 2018

 


News & Insights