Want to learn how to litigate premises liability cases in Mississippi?

Block out June 28, 2013 on your calender and join us at the Jackson Convention Complex for  NBI’s Litigating Slip, Trip and Fall Cases in Mississippi.  Yancy Burns, Robert Addison and I will be speaking on the following:

  1. SLIP, TRIP AND FALL FUNDAMENTALS
    9:00 – 9:45, Robert S. Addison

    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 – 10:15 and 10:30 – 11:30, Yancy B. Burns

    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
    12:30 – 1:45, Yancy B. Burns

    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
  4. DAMAGES, SETTLEMENT AND TRIAL TACTICS SPECIFIC TO SLIP, TRIP AND FALL INJURIES
    2:00 – 3:30, Randy Wallace

    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
    3:30 – 4:30, Robert S. Addison

    1. Unreasonably Dangerous
    2. Trivial Defect
    3. Open and Obvious
    4. Condition Known to Plaintiff
    5. Comparative/Contributory Fault

There will be a heck of a lot more discussed including recent developments in:

a.  ERISA liens after ACS Recovery Services v. Griffin, 11-40446 (5th Cir. May 7, 2013) and Richardson v. Bankplus, 2012 U.S. Dist. LEXIS 187690 (S.D. Miss. Sept. 24, 2012); and

b.  Workers’ Compensation liens after Liberty Mutual Ins. Co. v. Shoemake, 2011-CT-00179-SCT (Miss. 2013).

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About randywallace
I am a husband, father, attorney, outdoorsman and cook.

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