Premises liability cases often stem from a relatively simple incident, but the cases themselves can be quite complex. Order this straightforward guide to the process - from general strategy to the smallest procedural detail - and get the tools you need to successfully prepare and complete a slip, trip and fall case.

1. Overview of the Law
2. Using Standards and Codes
3. Expert Witnesses in Premises Liability Cases
4. Liability for Acts of Third Parties
5. Defending the Premises Liability Case
6. Ethical Considerations
7. Proof Problems and Practice Pointers in Slip, Trip and Fall Cases

Continuing Education Credits:   

* denotes specialty credits

1. OVERVIEW OF THE LAW
   9:00 - 9:45, Richard C. Tallo
   1. History of Premises Liability
   2. Invitee, Licensee and Trespasser Distinctions
   3. Choice of Ways Doctrine
   4. Snow and Ice Cases
   5. Attractive Nuisance Doctrine
   6. Contributory Negligence and Assumption of the Risk
   7. Doctrine of Nuisance
2. USING STANDARDS AND CODES
   9:45 - 10:30, Richard C. Tallo
   1. Relevance of BOCA, ANSI, OSHA and Others
   2. Review of Applicable Ordinances and Regulations
   3. Standard of Care with Codes and Regulations
3. EXPERT WITNESSES IN PREMISES LIABILITY CASES
   10:45 - 11:45, Stephen R. White
   1. Experts: Architects, Engineers, Human Factors
      1. When to Involve the Expert
      2. Using the Expert in Discovery
      3. Using the Expert in Developing Theories of Liability
      4. Using the Expert in Identifying Potential Parties
   2. Evolution of Safety Standards
      1. Comparing and Evaluating Procedures
      2. Applying the Expert's Skill and Orientation
   3. Keeping the Expert Involved and Current in Your Case
4. LIABILITY FOR ACTS OF THIRD PARTIES
   12:45 - 1:30, Christopher E. Hultquist
   1. Workers' Compensation Claims and the Concurrent Tort Action
   2. Duty/Liability of Owners for Acts of Independent Contractors or Others on Property
   3. Dangerous and Hazardous Conditions -- Electricity
   4. Liability for Criminal Acts on Commercial and/or Private Property
   5. Travel Tours
5. DEFENDING THE PREMISES LIABILITY CASE
   1:30 - 2:30, Gerald C. DeMaria Sr.
   1. The Issue of Notice Investigating the Type and Nature of the Condition
   2. Preparing the Defendant for Trial
   3. Finding and Using Defendant's Established Maintenance and Repair Policies
   4. Examination of Plaintiff's Experts
   5. Establishing Whether the Defendant's Actions are Reasonable
6. ETHICAL CONSIDERATIONS
   2:45 - 3:45, Gerald C. DeMaria Sr.
   1. Rules of Professional Conduct
   2. Attorneys' Fees
   3. Conflicts of Interest
7. PROOF PROBLEMS AND PRACTICE POINTERS IN SLIP, TRIP AND FALL CASES
   3:45 - 4:30, Stephen R. White
   1. Investigation, Pleadings and Proof
   2. Effective Discovery Techniques
   3. Preparing the Client for Deposition
   4. Preparing the Client for Trial
   5. The Eternal Dilemma: Notice vs. Contributory Negligence
   6. Settlement Proposals
   7. Demonstrative Evidence to Persuade the Fact Finder

GERALD C. DeMARIA SR. is a partner in the Providence law firm of Higgins, Cavanagh & Cooney LLP, where he practices in the areas of automobile products liability, motorcycle products liability and general products liability. He earned his A.B. degree from Providence College and LL.B. degree from Suffolk University Law School where he was an editorial writer for the Suffolk University Law Review. Mr. DeMaria is a member of the Rhode Island and American bar associations, the Defense Research Institute (co-chair, Recreational Products Division of the Product Liability Sub-Section), the Association for Automotive Medicine, the Rhode Island Inn of Courts, the Rhode Island Defense Research Institute, the Products Liability Advisory Council (invited sustaining member), the Trial Attorneys of America, the Practicing Law Institute (lecturing member) and the International Association of Defense Council. He also is a fellow of the Rhode Island Bar Foundation.

CHRISTOPHER E. HULTQUIST is a partner with the Providence law firm of DarrowEverett LLP. He represents plaintiffs throughout Rhode Island and Massachusetts in personal injury matters including medical malpractice, product liability and pharmaceutical litigation. Mr. Hultquist is a member of the Rhode Island Bar Association, Rhode Island Association for Justice, and American Association for Justice. He earned his B.A. degree from Boston College and J.D. degree from Suffolk University Law School.

RICHARD C. TALLO is an attorney at law in Providence. His main areas of practice are personal injury, commercial litigation and contested wills. Mr. Tallo earned his B.A. degree from Rhode Island College and his J.D. degree from Suffolk University.

STEPHEN R. WHITE is a sole practitioner in Warwick where he practices in the areas of automobile accidents and injuries, commercial litigation, commercial loans, products liability, tourist injuries, premises liability, probate litigation and wrongful death. He received his B.A. degree from Hartwick College, his J.D. degree from Suffolk University and his M.P.A. degree from the University of Rhode Island. Mr. White is a member of the American Association for Justice, the Rhode Island Association for Justice and is the former president of the Wakefield, Rhode Island Rotory Club.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

Email: credit@nbi-sems.com