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, 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.
Learn accident reconstruction tactics that may "make" your next slip, trip and fall case.
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.
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 - 9:30, Jack P. Burden
Relevant Case Law
Typical Fall Related Injuries and Causes
REPRESENTING THE BUSINESS: DEFENSE ATTORNEY STRATEGIES
9:30 - 10:00, Jack P. Burden
Open and Obvious
Condition Known to Plaintiff
ACCIDENT RECONSTRUCTION TOOLKIT FOR ATTORNEYS
10:15 - 11:15, Robin S. Caulfield
TAKING ON A SLIP, TRIP AND FALL CASE
11:15 - 12:15, Donald C. Kudler
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
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
1:15 - 2:00, Donald C. Kudler
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.
Dangerous Condition vs. Not Dangerous
Negligence Per Se
Notice of the Condition
Actual Notice or Creation of Condition
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
Company Incident Reports and Policies
Building Inspection Logs
DAMAGES, SETTLEMENT AND TRIAL TACTICS SPECIFIC TO SLIP, TRIP AND FALL INJURIES
2:00 - 2:45, Josh Cole Aicklen and Paul A. Shpirt
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
Defense - How to Minimize Settlement Value
Spreading the Risk - Indemnity and/or Contribution
Trial Tips Specific to Slip, Trip and Fall
Presentation of Evidence
HANDLING MEDICARE SET-ASIDES AND THIRD PARTY LIENS
3:00 - 3:30, David Avakian
3:30 - 4:30, David Avakian
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