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.
Who Should Attend
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.
- 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 Business: Defense Attorney Strategies
- Handling Medicare Set-Asides and Third Party Liens
- Ethical Considerations
Agenda / Content Covered
- SLIP, TRIP AND FALL FUNDAMENTALS
9:00 - 9:40, Elizabeth M. Carmody
- Relevant Case Law
- Applicable Laws
- Typical Fall Related Injuries and Causes
- TAKING ON A SLIP, TRIP AND FALL CASE
9:40 - 10:30, Eron J. Brainard
- Case Assessment and Intake - Screening Out Time Wasters
- Static vs. Transitory Conditions
- Presence, Timing and Severity of the Injury
- Potential Liable Parties
- Possessor of Commercial Property and Common Areas
- Independent Contractors of the Possessor
- Government Entity
- Business Proprietor
- Premises Possessed by Residential Tenants
- Independent Contractors of the Possessor
- Residential Owners and Landlords
- Sorting Out Insurance Coverage Issues
- Self Insured Retention - How SIR Impacts Resolution of Claims
- Medical Payments Coverage
- Business/Commercial Insurance Coverage Issues
- Personal Insurance Coverage Issues
- Other Insurance Issues
- DISCOVERY AND EVIDENCE TIPS FOR THE PLAINTIFF ATTORNEY
10:45 - 12:00, Justin C. Dewett, B. Trey Morris and G. Adam Savoie
- 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
- Daubert, Frye and Other Challenges
- Tips to Finding Expert Witnesses
- Architects, Engineers, Building Inspectors, Biomechanics Experts, IME, Etc.
- Proving Liability
- Dangerous Condition vs. Not Dangerous
- Negligence Per Se
- Notice of the Condition
- Actual Notice or Creation of Condition
- Constructive Notice
- Mode of Operation Rule
- Duty to Inspect
- Prior Slip and Falls/Lack of Prior Incidents
- Federal and State Building Codes and Standards
- Medical Records and Charts
- Photographs and Measurements
- Video Surveillance/Failure to Retain Video Surveillance
- Witness Statements
- Company Incident Reports and Policies
- Building Inspection Logs
- DAMAGES, SETTLEMENT AND TRIAL TACTICS SPECIFIC TO SLIP, TRIP AND FALL INJURIES
1:00 - 1:50, Justin C. Dewett, B. Trey Morris and G. Adam Savoie
- Whether to Make a Pre-Suit Demand
- Why the Claim Will Probably Require Litigation
- When is the Case Ripe for Settlement?
- Plaintiff Strategies: How to Maximize Settlement Value
- Economic vs. Non-Economic
- Medical Damages
- Lien Reductions
- Defense - How to Minimize Settlement Value
- Spreading the Risk - Indemnity and/or Contribution
- Insurance Negotiations
- Subrogation Strategies
- Trial Tips Specific to Slip, Trip and Fall
- Presentation of Evidence
- REPRESENTING THE BUSINESS: DEFENSE ATTORNEY STRATEGIES
1:50 - 2:35, Elizabeth M. Carmody
- Unreasonably Dangerous
- Trivial Defect
- Open and Obvious
- Condition Known to Plaintiff
- Comparative/Contributory Fault
- HANDLING MEDICARE SET-ASIDES AND THIRD PARTY LIENS
2:50 - 3:30, Allison C. Foster and William H. Priestley Jr.
- ETHICAL CONSIDERATIONS
3:30 - 4:30, Allison C. Foster and William H. Priestley Jr.
- Preventing Slip, Trips and Falls and Ethically Advising the Businesses
- Breach of Professional Ethics: Building Code Compliance
- Attorney's Duty of Competence, Diligence and Communication
- Identifying and Preventing Conflicts of Interest
- Maintaining Client Confidentiality