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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, January 13, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

The CLE course will provide guidance to personal injury plaintiff and defense counsel for pursuing or defending premises liability claims involving unsafe workplaces and failure to warn cases. The panel will feature a plaintiff’s attorney and defendant’s attorney perspective on drafting a complaint, crafting a defense, strategies for discovery and litigation, and developing trial themes.

Faculty

Eustace de Saint Phalle
Principal
Rains Lucia Stern St. Phalle & Silver, PC

Mr. de Saint Phalle has established himself as one of California’s top personal injury trial lawyers, having personally litigated multiple cases to settlement, verdict, or judgment with awards in excess of $1,000,000 and as high as $25,000,000. For the last fifteen years, he has been running a trial team dedicated to the representation of injured individuals in California which has handled matters specializing in civil litigation that involve complicated medical issues and disabilities. Mr. de Saint Phalle is an accomplished civil litigator in a variety of areas, including industrial accidents, product liability, exceptions to workers’ compensation, premises liability, professional malpractice, auto, bicycle and boating accidents, as well as business disputes.

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Jesse A. Boyd
Partner
Ericksen Arbuthnot

Mr. Boyd is co-chair of Ericksen Arbuthnot’s Environment Group. With more than twenty years of experience representing clients in complex matters ranging from interstate water disputes before the U.S. Supreme Court, to multi-party remediation agreements, to nation-wide class-actions, he has the experience and technical expertise to handle your most difficult cases.  Along with water and environmental matters, Mr. Boyd handles cases involving complex business disputes, toxic torts, commercial and consumer class-actions, and trade-secret litigation.

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Brendan C. Gannon
Attorney
Rains Lucia Stern St. Phalle & Silver, PC

Mr. Gannon practices in the Rains Lucia Stern St. Phalle & Silver Personal Injury Group. In the last few years, he has become an accomplished civil litigator in a variety of areas, including premises liability, professional malpractice, auto and bicycle accidents, as well as business disputes, having successfully litigated multiple cases to settlement.

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Description

There are many different kinds of premises liability scenarios, including the unsafe workplace or business and the failure to warn of known dangerous conditions. Despite different kinds of claims, there are common themes that can be applied to most cases whether you are on the plaintiff or defense side of the matter.

Whose fault was it anyway? From a defense perspective, there may be other entities responsible for creating, identifying, correcting, or warning against the hazard, be it third parties or the plaintiff herself. While plaintiff’s counsel will attempt to demonstrate statutes, industry standards, and best practices to show patterns of defendants' negligence and indifference to safety.

Defense counsel will attempt to show that the defendant acted reasonably under the circumstances and third parties or plaintiff was in a better situation to address the dangerous condition. Careful discovery and consistent adherence to a theme can demonstrate that the opposing side was, in fact, on notice of the dangerous conditions and able to avoid or fix it. Starting with a failure to properly assess dangers all the way down to how employees routinely cut corners can show that plaintiff or defendants' conduct deviated from safe practices every step of the way.

Listen as this experienced panel shows counsel how each side should assess the strengths and weaknesses of their own case.

Outline

  1. Overview of premises liability
  2. Crafting the theme of plaintiff’s case while drafting the complaint
  3. Contributory negligence
  4. Crafting the theme of defendant’s case while drafting the answer to the complaint
  5. Intervention by the Employer/Workers’ Compensation Insurer
  6. Drafting discovery and litigating the case
  7. Preventing unfair apportionment

Benefits

The panel will provide a comprehensive overview of how to approach a fact pattern from both the plaintiff and defense perspectives, showing you the who, what, when, where and how of litigating a premises liability case.