Audio CD + Course Book

Litigating Slip, Trip and Fall Cases in Louisiana

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77335CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Litigating Slip, Trip and Fall Cases in Louisiana, held December 2017.

Program Description

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 and fall case, demonstrate the common mistakes made by attorneys and offer litigation strategies to help you win your next case. Order today!

Course Content

  1. Slip, Trip and Fall Fundamentals
  2. Taking on a Slip, Trip and Fall Case
  3. Discovery and Evidence Tips for the Plaintiff Attorney
  4. Damages, Settlement and Trial Tactics Specific to Slip, Trip and Fall Injuries
  5. Representing the Business: Defense Attorney Strategies
  6. Ethical Considerations

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. SLIP, TRIP AND FALL FUNDAMENTALS
    9:00 - 9:45, Written by Loren Shanklin Fleshman. Presented by Loren Shanklin Fleshman in Baton Rouge, Mary E. Colvin in Lafayette, and Stephen T. Collins in Shreveport.
    1. Relevant Case Law
    2. Applicable Laws
    3. Typical Fall Related Injuries and Causes
  2. TAKING ON A SLIP, TRIP AND FALL CASE
    9:45 - 10:45, Written by Loren Shanklin Fleshman. Presented by Loren Shanklin Fleshman in Baton Rouge, Christopher T. Castro in Lafayette, and Stephen T. Collins in Shreveport.
    1. Case Assessment and Intake - Screening Out Time Wasters
    2. Static vs. Transitory Conditions
    3. Presence, Timing and Severity of the Injury
    4. Potential Liable Parties
      1. Possessor of Commercial Property and Common Areas
      2. Independent Contractors of the Possessor
      3. Government Entity
      4. Business Proprietor
      5. Premises Possessed by Residential Tenants
      6. Independent Contractors of the Possessor
      7. Residential Owners and Landlords
    5. Sorting Out Insurance Coverage Issues
      1. Subrogation
      2. Self Insured Retention - How SIR Impacts Resolution of Claims
      3. Medical Payments Coverage
      4. Business/Commercial Insurance Coverage Issues
      5. Personal Insurance Coverage Issues
      6. Other Insurance Issues
  3. DISCOVERY AND EVIDENCE TIPS FOR THE PLAINTIFF ATTORNEY
    11:00 - 12:00, Presented by Suzette P. Bagneris in Baton Rouge, Christopher T. Castro in Lafayette, and Stephen T. Collins in Shreveport.
  4. DAMAGES, SETTLEMENT AND TRIAL TACTICS SPECIFIC TO SLIP, TRIP AND FALL INJURIES
    1:00 - 1:45, Written by Suzette P. Bagneris. Presented by Suzette P. Bagneris in Baton Rouge, Christopher T. Castro in Lafayette, and Ebonee Rhodes Norris in Shreveport.
    1. Whether to Make a Pre-Suit Demand
    2. Why the Claim Will Probably Require Litigation
    3. When is the Case Ripe for Settlement?
    4. Plaintiff Strategies: How to Maximize Settlement Value
      1. Economic vs. Non Economic
        1. Medical Damages
      2. Lien Reductions
    5. Defense - How to Minimize Settlement Value
      1. Spreading the Risk - Indemnity and/or Contribution
    6. Insurance Negotiations
    7. Subrogation Strategies
    8. Trial Tips Specific to Slip, Trip and Fall
    9. Presentation of Evidence
  5. REPRESENTING THE BUSINESS: DEFENSE ATTORNEY STRATEGIES
    1:45 - 3:15, Written by Philip A. Fontenot. Presented by Hallie P. Coreil in Baton Rouge, Philip A. Fontenot in Lafayette, and Vicki C. Warner in Shreveport.
    1. Unreasonably Dangerous
    2. Trivial Defect
    3. Open and Obvious
    4. Condition Known to Plaintiff
    5. Comparative/Contributory Fault
  6. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Written by Mark D. Kuss. Presented by Mark D. Kuss in Baton Rouge and Lafayette, and Ebonee Rhodes Norris in Shreveport.
    1. Preventing Slip, Trips and Falls and Ethically Advising the Businesses
    2. Breach of Professional Ethics: Building Code Compliance
    3. Attorney's Duty of Competence, Diligence and Communication
    4. Identifying and Preventing Conflicts of Interest
    5. Maintaining Client Confidentiality

SUZETTE P. BAGNERIS is the founder of Bagneris Law Firm. Ms. Bagneris' practice areas have included general personal injury and wrongful death (automobile accidents, truck accidents, motorcycle accidents, bus accidents, pedestrian and bicycle accidents, slip and fall accidents, head and brain injuries, and injuries occurring on property), medical malpractice, nursing home negligence, legal malpractice, complex litigation including train derailments, business disputes, maritime litigation (personal injury and property damage claims), employment discrimination, workers' compensation claims, construction law, insurance claims, toxic torts (chemical exposures of all types), and products liability litigation. The Bagneris Law Firm has attained multi-million dollar settlements and verdicts for its clients in litigation matters. She is a member of the Louisiana State Bar Association, the New Orleans Bar Association, the Louis A. Martinet Society, and the Louisiana Association for Justice (formerly known as the Louisiana Trial Lawyers Association). Ms. Bagneris earned her B.A. degree, magna cum laude, from Loyola University and her J.D. degree from Loyola Law School. (Baton Rouge location)

CHRISTOPHER T. CASTRO is an attorney with the law firm of Galloway Jefcoat, LLP. Mr. Castro practices in the areas of class action litigation, personal injury claims, litigation involving car accidents and commercial vehicles, premises liability, medical malpractice, and products liability, all from the plaintiff’s perspective. He received his B.A. degree from Loyola University, New Orleans, and his J.D. degree from Loyola University New Orleans School of Law. Mr. Castro is a member of the Louisiana Association for Justice (formerly known as the Louisiana Trial Lawyers Association), the Louisiana State Bar Association and the Lafayette Parish Bar Association. (Lafayette location)

STEPHEN T. COLLINS a sole practitioner with Collins Law, in Shreveport. Mr. Collins practices in the areas of personal injury, medical malpractice, criminal law and wrongful death. In over 30 years, he has handled cases all across North and Central Louisiana. Mr. Collins has appeared in Federal Court in Shreveport and Monroe. For state court he has primarily practiced in Shreveport City Court, Caddo Parish, Bossier City Court and Bossier Parish. Mr. Collins received his B.A. degree from Louisiana College and his J.D. degree from Louisiana State University. He is recognized by the National Academy of Jurisprudence as one of the top 100 trial attorneys in Louisiana. Less than 1% of all attorneys currently practicing in the US are selected for this designation. (Shreveport location)

MARY E. COLVIN is an associate of Erlingson Banks, P.L.L.C. She practices in the areas of commercial litigation, insurance defense, premises liability defense, business law and construction law. Ms. Colvin is a member of the Baton Rouge Bar Association, the Louisiana State Bar Association, and the Louisiana State Bar Association's Committee on the Profession. She earned her J.D. degree, cum laude, from Louisiana State University Law Center. (Lafayette location)

HALLIE P. COREIL is an attorney with the law firm of Davidson Meaux. Ms. Coreil practices general casualty litigation, with an emphasis on premises liability. She has significant trial and appellate experience, in both state and federal courts. Ms. Coreil received her B.S. degree from Louisiana State University's E.J. Ourso School of Business and her J.D. degree and degree of civil law studies from Louisiana State University's Paul M. Hebert School of Law. Her professional memberships include the Louisiana Bar Association, the Lafayette Bar Association, the St. Landry Parish Bar Association, the John M. Duhe Jr. American Inn of Court (2016/2017 President), and the Louisiana Association of Defense Counsel. She is also a past member of the Lafayette Young Lawyers Association where she served multiple terms on the LYLA Board and chaired multiple committees. (Baton Rouge location)

LOREN SHANKLIN FLESHMAN is an attorney with the law firm of Smith Shanklin Sosa, L.L.C. Ms. Fleshman practices in the areas of personal injury, wrongful death, class actions, automobile accidents, medical malpractice and products liability. She received her B.S. degree from Louisiana State University and her J.D. degree from Louisiana State University, Paul M. Hebert Law Center. Ms. Fleshman has continued her leadership role in the legal field and, in 2012, she was elected to the Young Lawyers Section of the Baton Rouge Bar Association by her fellow Baton Rouge attorneys. (Baton Rouge location)

PHILIP A. FONTENOT is a partner with Davidson Meaux, in Lafayette, Louisiana. He practices in the area of civil and commercial litigation. Mr. Fontenot has extensive experience in the fields of product liability, premises liability and insurance coverage disputes. He represents large merchants and individuals in the defense of personal injury and property damage cases. Mr. Fontenot is admitted to practice in all state and federal courts in Louisiana and the U.S. Fifth Circuit Court of Appeals. He is a member of the Louisiana Trial Lawyers; American, Louisiana State and Lafayette parish bar associations; and the Louisiana Association of Defense Counsel. Mr. Fontenot earned his undergraduate degree from the University of Southwestern Louisiana and his J.D. degree from Louisiana State University. (Lafayette location)

MARK D. KUSS is a sole practitioner in Louisiana, where his main areas of practice are civil litigation, personal injury and domestic law. He has taught at the college level for more than 30 years and is currently teaching at Our Lady of Holy Cross College. He is a member of the Louisiana State and American bar associations. Mr. Kuss earned his B.A. degree from the University of New Orleans, his J.D. degree from Tulane University, his M.A. degree from the University of New Orleans and completed his doctorate at Louisiana State University in 2012. (Baton Rouge and Lafayette locations)

EBONEE RHODES NORRIS is an attorney with Jacqueline A. Scott & Associates. She is a certified mediator by the Federal Mediation and Conciliation Service. Her main areas of practice include criminal law, personal injury, succession and probate law, and Social Security disability. Ms. Rhodes Norris is a member of the National Association of Criminal Defense Lawyers, the Shreveport Bar Association, Bossier Bar Association, Louisiana State Bar Association, and the National Bar Association. She earned her undergraduate degree from Louisiana State University. Ms. Rhodes Norris attended Southern University Law Center, where she graduated in the top 20% of her class. She was the recipient of the CALI award for the highest grade in Administrative Law. (Shreveport location)

VICKI C. WARNER is an attorney with the law firm of Barham & Warner, L.L.C., in Shreveport. Ms. Warner practices in the areas of civil liability, premises liability, insurance defense, municipal defense, business litigation, personal injury, labor employment and appellate practice. In her early years of practice, she developed extensive litigation experience defending Wal-Mart Stores, Inc., in cases across the state of Louisiana. Ms. Warner received her B.A. degree from Louisiana Tech University, her M.Ed. degree from Northwestern State University, and her J.D. degree from Louisiana State University. She is a member of the State Bar of Louisiana, the Shreveport Bar Association, and the Louisiana Association of Defense Counsel. (Shreveport location)

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