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Litigating Slip, Trip and Fall Cases in Tennessee  

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This basic-to-intermediate 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.

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Seminar Summary:

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. (see full course description)

 

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Training Course Syllabus:


Litigating Slip, Trip and Fall Cases in Tennessee - Litigation Law Seminar

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. Order 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.


  1. SLIP, TRIP AND FALL LITIGATION FUNDAMENTALS
    9:00 - 9:45, J. Bryan Moseley
    1. How and Why Falls Occur
    2. Typical Fall Related Injuries
    3. Important Case Law and Statutes
    4. Important Standards and Codes
  2. GETTING STARTED
    9:45 - 10:30, J. Bryan Moseley
    1. Case Assessment and Intake
    2. Accident Reconstruction/Biomechanics Toolkit For Attorneys
    3. Sources of Recovery - Potential Liable Parties
      1. Owner/Occupier of Commercial Property and Common Areas
      2. Third Party Contractors of the Owner/Occupier
      3. Governmental Entities
      4. Non-Owner/Occupiers - Individuals and other Businesses
      5. Premises Occupied by Residential Tenants
      6. Owners, Landlords, and Management Companies
    4. Sorting Out Insurance Coverage Issues
      1. General Liability Insurance
      2. Self Insured
      3. Medical Payments Coverage
      4. Personal Insurance Coverage Issues
  3. PLAINTIFF'S STRATEGIES: GATHERING EVIDENCE, TRIAL TACTICS, AND EFFECTIVELY USING EXPERT WITNESSES
    10:45 - 12:00, J. Bryan Moseley
    1. Proving Liability
      1. Unsafe and Dangerous Conditions
        1. Photographs and Measurements
        2. Video Surveillance
        3. Witness Statements
      2. Notice of Conditions
        1. Actual Notice or Creation of Condition
        2. Constructive Notice
      3. Negligence Per Se
      4. Premises Owner/Occupier's Duty
        1. Duty to Maintain
        2. Duty to Inspect
        3. Duty to Warn/Guard
    2. Special Rules for Bringing a Claim under a Governmental Tort Liability Act
    3. Plaintiff's Responsibility to Take Due Care for Own Safety
    4. The Use of Experts to Prove Liability
    5. Proving and Quantifying Damages
      1. Medical Records/Bills
      2. Damages Experts
      3. Fact Witnesses
  4. MEDICAL LIENS AND SUBROGATION ISSUES
    1:00 - 1:45, J. Bryan Moseley
    1. Non-ERISA Insurance Plans
    2. Medicare
    3. ERISA
  5. SETTLEMENT NEGOTIATIONS STRATEGIES
    1:45 - 2:00, J. Bryan Moseley
    1. What to Include in Demand Letters
    2. Economic vs. Non-Economic Damages
    3. Lien Questions
  6. ETHICAL CONSIDERATIONS
    2:00 - 3:00, J. Bryan Moseley
    1. Ethically Advising the Businesses
    2. Attorney's Duty of Competence, Diligence and Communication
    3. Identifying and Preventing Conflicts of Interest
    4. Maintaining Client Confidentiality
  7. DEFENSE STRATEGIES: GATHERING EVIDENCE, TRAIL TACTICS, AND EFFECTIVELY USING EXPERT WITNESSES
    3:15 - 4:00, Michael F. Jameson
    1. The Presence of Dangerous Condition(s): Long-Standing or Sudden Development?
    2. Liability Issues
    3. Common Legal Defenses
    4. Defending Damages and Causation
    5. The Use of Medical Records
    6. The Use of Experts: Architects, Engineers, Human Factors, Etc.
  8. COMPLEX INSURANCE COVERAGE ISSUES
    4:00 - 4:30, Michael F. Jameson
    1. How to Handle Complex Business/Commercial Insurance Issues
    2. How to Handle Complex Personal Insurance Issues

Seminar Summary:

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. (see full course description)

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