BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Tuesday, October 17, 2023

  • 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

This CLE course will provide guidance to personal injury plaintiff and defense counsel for pursuing and defending against claims of construction site accident injury. The panel will discuss effective tactics for assessing potential claims; identifying all potential defendants, including construction site owners, contractors, architects, engineers, and product manufacturers; strategies for defending property owners, general contractors and construction managers, collecting and preserving evidence, and proving or defending liability and damages.

Faculty

Andrew J. Smiley
Partner
Smiley & Smiley, LLP

Mr. Smiley's areas of practice are personal injury, medical malpractice and wrongful death.

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Teresa M. Cinnamond
Partner
Kennedys Law LLP

Ms. Cinnamond is a Partner and has been with the firm since 2007.  She has thirty years of experience focused on state and federal court litigation and insurance counseling. Ms. Cinnamond has a strong track record successfully defending a wide array of property owners, property and construction managers, developers, general contractors and subcontractors in all types of general liability defense cases and construction defect cases. Ms. Cinnamond also focuses her practice on commercial litigation and cyber law matters and has experience handling insurance coverage actions and appeals on issues involving risk transfer.

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Gilda Flam
Special Counsel
Kennedys CMK, LLP

 Ms. Flam is special counsel in the Miami office where she concentrates her practice on defending premises liability and commercial liability claims. Her focus is on personal injury, wrongful death, negligent security, property damage, construction defect, product liability, medical and professional malpractice, product liability, and commercial litigation. Prior to joining Kennedys, Ms. Flam focused her practice on civil litigation, primarily within the field of insurance defense. Notably, her work included the defense of numerous catastrophic personal injury claims and high exposure lawsuits. Ms. Flam is a member of the American Bar Association and the Cuban American Bar Association. 

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Description

Personal injury plaintiff and defense counsel in construction site accident cases face a wide range of legal issues and challenges, including evaluating potential theories of liability and responsible parties, conducting effective investigation and discovery, evaluating evidence, assessing additional insured and indemnification issues, developing a case that will warrant summary judgment for plaintiff or defendant, working with experts, proving or defending against liability and damages during mediation or trial, and more.

Attorneys must have an expert understanding of federal and state safety laws applicable to the construction industry, common law standards of care, how to negotiate and effectively communicate with insurance adjusters, and how to allocate liability when there are multiple defendants.

Listen as our authoritative panel discusses considerations and best practices for personal injury plaintiff and defense counsel when pursuing or defending construction site accident injury claims, from assessing claims and potential defendants through proving and defending damages.

Outline

  1. Introduction
    1. Most frequent causes of construction accidents
    2. Governing statutes: federal and state
    3. Interrelationship with workers' compensation
  2. Incident investigation
    1. By private entities
    2. By enforcement agencies (OSHA)
    3. By counsel
  3. Liability
    1. Claims
    2. Defenses
    3. Causation
    4. Damages
  4. Discovery
  5. Pretrial motions
  6. Insurance considerations
    1. Additional insured status
    2. Indemnification agreements

Benefits

The panel will review these and other key issues:

  • What are the different theories of liability that are generally pursued in construction site injury claims?
  • How can defense counsel establish lack of a duty of care owed to plaintiff in certain jurisdictions?
  • What are potential pitfalls to avoid in working with experts and other witnesses?
  • How are liability and damages approached when there are multiple defendants in a construction site injury case?
  • What are some effective strategies for calculating or defending against damages in construction site injury cases?