Litigating Slip, Trip and Fall Cases in New Jersey
Wednesday, April 25, 2018
9:00 AM - 4:30 PM
Ramada Plaza Hotel
160 Frontage Road
Newark, NJ 07114
$349 / Each Additional
$339 / New Professional
Registration Includes Course Book
Continuing Legal Education
- NJ CLE - 7.20
- NY CLE - 7.00
- PA CLE - 6.00
- AIA - 6.00
- IACET - 0.60
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.
- 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.
Who Should Attend
This basic 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.
- Slip, Trip and Fall Fundamentals
- Taking on a Slip, Trip and Fall Case
- Discovery and Evidence Tips for the Plaintiff Attorney
- Damages, Settlement and Trial Tactics Specific to Slip, Trip and Fall Injuries
- Representing the Business: Defense Attorney Strategies
- Handling Medicare, Medicaid and Third Party Liens
- Ethical Considerations
Continuing Education Credit
American Institute of Architects – AIA: 6.00
Continuing Legal EducationCredit Hrs State
CLE 7.20 - NJ*
CLE 7.00 - NY*
CLE 6.00 - PA*
International Association for Continuing Education Training – IACET: 0.60
* denotes specialty credits
Agenda / Content Covered
- SLIP, TRIP AND FALL FUNDAMENTALS
9:00 - 9:45, Brian Kiernan
- Relevant Case Law
- Applicable Laws
- Typical Fall Related Injuries and Causes
- TAKING ON A SLIP, TRIP AND FALL CASE
9:45 - 10:30, Christopher L. Musmanno
- 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
10:45 - 12:00, William L. Kuzmin
- 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
1:00 - 2:00, Kristen B. Miller
- 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
- Economic vs. Non Economic
- 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
2:00 - 2:45, Brian Kiernan
- Unreasonably Dangerous
- Trivial Defect
- Open and Obvious
- Condition Known to Plaintiff
- Comparative/Contributory Fault
- HANDLING MEDICARE, MEDICAID AND THIRD PARTY LIENS
3:00 - 3:30, Vincent P. Manning
- ETHICAL CONSIDERATIONS
3:30 - 4:30, Vincent P. Manning
- 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
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.
VINCENT P. MANNING is a partner with Manning, Caliendo & Thomson, in Freehold, New Jersey. He is a certified civil trial attorney approved by the New Jersey Supreme Court Board on Attorney Trial Certification, and a court appointed arbitrator in the Monmouth County Superior Court. Mr. Manning is admitted to practice before the United States District Court, New Jersey, and the United States Court of Claims. He served as a trustee and co-chairman for the Civil Practice Committee, Monmouth Bar Association. Mr. Manning is a member of the Ocean County Bar Association. He earned his B.A. degree, magna cum laude, from Rowan University; and his J. D. degree, cum laude, from Seton Hall University School of Law.
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.
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