Construction Site Injury Litigation: Pursuing or Defending Claims Against Site Owners, Contractors, and Other Third Parties
Assessing Potential Claims and Defendants, Proving or Defending Liability and Damages, Overcoming Evidentiary Challenges
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Introduction
- Most frequent causes of construction accidents
- Governing statutes: federal and state
- Interrelationship with workers' compensation
- Incident investigation
- By private entities
- By enforcement agencies (OSHA)
- By counsel
- Liability
- Claims
- Defenses
- Causation
- Damages
- Discovery
- Pretrial motions
- Insurance considerations
- Additional insured status
- 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?
Faculty
Teresa M. Cinnamond
Partner
Kennedys Law
Ms. Cinnamond is a Partner and has been with the firm since 2007. She has thirty years of experience focused on... | Read More
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
Ms. Flam is special counsel in the Miami office where she concentrates her practice on defending premises... | Read More
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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Andrew J. Smiley
Partner
Smiley & Smiley
Mr. Smiley's areas of practice are personal injury, medical malpractice and wrongful death.
| Read MoreMr. Smiley's areas of practice are personal injury, medical malpractice and wrongful death.
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