Audio CD + Course Book

Litigating Slip, Trip and Fall Cases in New Jersey

Audio CD + Course Book

Copyright Date:

April, 2018

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Audio + Course Book

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From Event: Litigating Slip, Trip and Fall Cases in New Jersey, held April 2018.

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, 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 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. Handling Medicare, Medicaid and Third Party Liens
  7. Ethical Considerations

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 7.20 NJ * 11/15/2018
CLE 7.00 NY * 04/25/2020
CLE 6.00 PA * 04/25/2020

* denotes specialty credits

Agenda / Content Covered

    9:00 - 9:45, Brian Kiernan
    1. Relevant Case Law
    2. Applicable Laws
    3. Typical Fall Related Injuries and Causes
    9:45 - 10:30, Christopher L. Musmanno
    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
    10:45 - 12:00, William L. Kuzmin
    1. Causation: Identifying the Cause of the Fall (Engineering/Construction, Environmental Issues, Building Code Violation)
    2. Addressing Plaintiff's Responsibility to Take Due Care of Safety
    3. Expert Witness - Selecting, Qualifying and Preparing Expert Witnesses
      1. Daubert, Frye and Other Challenges
      2. Tips to Finding Expert Witnesses
      3. Architects, Engineers, Building Inspectors, Biomechanics Experts, IME, Etc.
    4. Proving Liability
      1. Dangerous Condition vs. Not Dangerous
      2. Negligence Per Se
      3. Notice of the Condition
        1. Actual Notice or Creation of Condition
        2. Constructive Notice
        3. Mode of Operation Rule
      4. Duty to Inspect
      5. Evidence
        1. Prior Slip and Falls/Lack of Prior Incidents
        2. Federal and State Building Codes and Standards
        3. Medical Records and Charts
        4. Photographs and Measurements
        5. Video Surveillance/Failure to Retain Video Surveillance
        6. Witness Statements
        7. Company Incident Reports and Policies
        8. Building Inspection Logs
    1:00 - 2:00, Kristen B. Miller
    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
    2:00 - 2:45, Brian Kiernan
    1. Unreasonably Dangerous
    2. Trivial Defect
    3. Open and Obvious
    4. Condition Known to Plaintiff
    5. Comparative/Contributory Fault
    3:00 - 3:30, Brian Kiernan
    3:30 - 4:30, Brian Kiernan
    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

BRIAN KIERNAN has been a partner with Kiernan & Strenk in Morristown, New Jersey, for the past 30 years. His practice is concentrated in civil litigation and focuses on construction, employment, corporate and commercial disputes, as well as truck, premises and personal liability. He practices in state and federal court, as well as in multiple arbitration venues. Since 1990, Mr. Kiernan has been continuously certified by the New Jersey Supreme Court as a certified civil trial attorney. He frequently serves as a court appointed civil arbitrator in Morris County. He is admitted to practice in New Jersey and New York, the U.S. District Court for the District of New Jersey, the Third Circuit Court of Appeals and the U.S. Supreme Court. Mr. Kiernan received his B.A. degree, with distinction, from Rutgers University and his J.D. degree from Seton Hall University Law School where he was editor-in- chief of the Law Review. He has been a frequent lecturer for National Business Institute and NJ ICLE.

WILLIAM L. KUZMIN is a member with Cohen Placitella & Roth P.C., in Red Bank, New Jersey. He focuses his work on representing those injured through mass tort, with a specialty in asbestos related disease, medical malpractice, and catastrophic incident personal injury. A member of the New Jersey State and Pennsylvania bar associations, Mr. Kuzmin has actively litigated matters venued in state and federal court in those jurisdictions, obtaining numerous positive outcomes for his clients. He has served as lead counsel on several mass tort cases in both New Jersey and Pennsylvania. An active participant in the courtroom, Mr. Kuzmin is experienced in all facets of trial practice, including pre-trial preparation, voir dire, and direct and cross-examination of witnesses. He is a member of the American Association of Justice and New Jersey Association of Justice. Mr. Kuzmin earned his B.A. degree from Rutgers University and his J.D. degree from the Rutgers University School of Law-Newark.

KRISTEN B. MILLER is an attorney with Porzio, Bromberg & Newman, P.C. and a member of the firm's personal injury and medical malpractice team. Her practice includes all aspects of civil litigation, both state and federal, at the trial and appellate level, with a particular focus on medical malpractice and personal injury. She is a member of American Association for Justice; Hispanic Bar Association of New Jersey; National Trial Lawyers; New Jersey Association for Justice; New Jersey Women Lawyers Association; Trial Lawyers of New Jersey; Women Lawyers in Bergen; and the Bergen County, Garden State, Essex County, Hudson County, New Jersey State and American bar associations. Ms. Miller received her B.A. degree, cum laude, from Lehigh University and earned her J.D. degree from Rutgers University School of Law.

CHRISTOPHER L. MUSMANNO is a partner with Einhorn Harris in Denville, and is chair of the firm's Personal Injury Department. His main areas of practice are personal injury and workers' compensation. Mr. Musmanno is a member of the New Jersey State Bar Association and the Morris County Bar Association. He is a certified civil trial attorney as confirmed by the New Jersey Supreme Court, and he serves as an arbitrator at the Morris County courthouse evaluating cases. Mr. Musmanno received his B.A. degree from the University of Virginia and his J.D. degree from Seton Hall University Law School.

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

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

NJ CLE: 7.20 Credit Approval Exp
Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.

NY CLE: 7.00 Credit Approval Exp
Includes - Areas of Professional Practice: 6.00, Ethics: 1.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.

PA CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.

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Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702