Learn Real-World Litigation Tactics Specific to Slip, Trip and Fall Cases
trips and falls are some of the most commonly litigated premises
liability cases in the court system today. As an injury attorney, you’re
bound to represent someone who has been affected by a slip, trip or
fall accident at some point in your career. A plethora of legal issues
are likely to converge in each slip, trip and fall case: evidentiary
challenges, insurance coverage issues, product liability, negligence,
damages, medical liens and more. Each unique circumstance requires
cautious case intake, thorough preparation, litigation strategies and,
above all, impeccable knowledge of the laws and state/federal building
code standards involved. This comprehensive legal course will walk you
through the key aspects of a slip, trip and fall case, demonstrate the
common mistakes made by attorneys and offer litigation strategies to
help you win your next case. Register today!
- Hear plaintiff
and defense litigation tactics from both sides of the table focusing
specifically on one of the most highly litigated injuries.
- Get an overview of the laws governing slip, trip and fall cases, as well as state and federal building standards and codes.
- Define "dangerous conditions" and explore the extent of the property owner's duty to warn.
- Find out what to look for in medical records and witness reports to demonstrate injury and quantify damages.
- Find additional sources of recovery with a careful look at insurance coverage involved in the case.
- Gain practical expert witness tips relating specifically to slip, trip and fall cases.
- Get steps to quickly distinguish viable cases from time wasters.
- Learn how to handle Medicare set-asides and other third-party liens in slip, trip and fall cases.
out key settlement strategies and trial tactics, including tips for
negotiating with insurance companies and presenting damages.
- Slip, Trip and Fall Fundamentals
- Taking on a Slip, Trip and Fall Case
- Discovery and Evidence Tips for the Plaintiff Attorney
- Damages, Settlement and Trial Tactics Specific to Slip, Trip and Fall Injuries
- Representing the Defendant: Defense Attorney Strategies
- Handling Medicare Set-Asides and Third Party Liens
- Ethical Considerations
- SLIP, TRIP AND FALL FUNDAMENTALS
9:00 - 9:45, Dinesh U. Dadlani
- Relevant Case Law
- Applicable Laws
- Typical Fall Related Injuries and Causes
- TAKING ON A SLIP, TRIP AND FALL CASE
9:45 - 10:30, Christopher L. Musmanno
- Case Assessment and Intake - Screening Out Time Wasters
- Static vs. Transitory Conditions
- Presence, Timing and Severity of the Injury
- Potential Liable Parties
- Sorting Out Insurance Coverage Issues
- DISCOVERY AND EVIDENCE TIPS FOR THE PLAINTIFF ATTORNEY
10:45 - 11:40, Wade Suthard
- Causation: Identifying the Cause of the Fall (Engineering/Construction, Environmental Issues, Building Code Violation)
- Addressing Plaintiff's Responsibility to Take Due Care of Safety
- Expert Witness - Selecting, Qualifying and Preparing Expert Witnesses
- Proving Liability
- DAMAGES, SETTLEMENT AND TRIAL TACTICS SPECIFIC TO SLIP, TRIP AND FALL INJURIES
12:40 - 1:35, Brian Kiernan
- Whether, When and How to Make a Pre-Suit Demand
- Practice Pointer: Comparables
- Determining Which Claims Will Probably Require Litigation/Carrier Reputation and Examiner Attitude and Demeanor/Examiner Level
- When is the Case Ripe for Settlement? Revised Written and Signed Client Authority
- Plaintiff Strategies: How to Maximize Settlement Value/Comparables
- Defense - How to Minimize Settlement Payment/Comparables
- Insurance Negotiations/Counsel Consent
- Subrogation Strategies
- Trial Tips Specific to Slip, Trip and Fall
- Presentation of Evidence/Demonstrative Evidence
- REPRESENTING THE DEFENDANT: DEFENSE ATTORNEY STRATEGIES
1:35 - 2:30, Joseph A. Gallo
- Marshalling the Evidence for Your Client and Against Potentially Other Responsible Parties
- Marshalling the Evidence Related to the Plaintiff
- Standards of Construction, Custom and Usage in Industry or Trade
- Dangerous Condition of Public Property
- Liability for Defects in Public Streets and Sidewalks
- Duty of Owner to Tenant Leasing Entire Premises and to Others on Premises
- Duty of Owner of Multi-Family House to Tenants and Others
- Activity of Owner/Occupier as Distinguished from Condition of Premises
- Duty Owed - Condition of Premises
- Liability of Former Owner of Commercial Property for Defects or Other Dangerous Conditions in Abutting Sidewalks
- Dangerous Instrumentalities or Conditions
- Duty of a Supermarket to a Business Invitee Walking in One of the Aisles
- Proprietor's Duty of Care to Patrons Against Criminal Activity of Third Persons
- Recent Cases of Interest - 2013 to Present
- HANDLING MEDICARE SET-ASIDES AND THIRD PARTY LIENS
2:45 - 3:30, Matthew S. Mahoney
- ETHICAL CONSIDERATIONS
3:30 - 4:30, Joseph A. Gallo
This basic-to-intermediate level legal guide to
slip, trip and fall litigation tactics is designed for attorneys.
Insurance professionals, architects, engineers, paralegals and
construction professionals may also benefit.