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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 17, 2023

Recorded event now available

or call 1-800-926-7926

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.


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.



  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


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?


Cinnamond, Teresa
Teresa M. Cinnamond

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

Flam, Gilda
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

Smiley, Andrew
Andrew J. Smiley

Smiley & Smiley

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

 |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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