Litigating Slip, Trip and Fall Cases in Florida
Learn Real-World Litigation Tactics Specific to Slip, Trip and Fall Cases
Slips, 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 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.
- Find out key settlement strategies and trial tactics, including tips for negotiating with insurance companies and presenting damages.
Agenda / Content Covered
- SLIP, TRIP AND FALL FUNDAMENTALS
9:00 -10:00, Blane McCarthy
- Relevant Case Law
- Applicable Laws
- Typical Fall Related Injuries and Causes
- TAKING ON A SLIP, TRIP AND FALL CASE
10:15 - 11:15, Blane McCarthy
- 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
11:15 - 12:15, Blane McCarthy
- 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
1:15 - 2:15, Dennis P. Dore
- 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
2:15 - 3:15, Dennis P. Dore
- Unreasonably Dangerous
- Trivial Defect
- Open and Obvious
- Condition Known to Plaintiff
- Comparative/Contributory Fault
- ETHICAL CONSIDERATIONS
3:30 - 4:30, John M. Phillips
- 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
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.