Premises Liability Claims: Plaintiff and Defense Strategies in Unsafe Workplace and Failure to Warn Cases

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 Wednesday, January 13, 2021

Recorded event now available

or call 1-800-926-7926

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.


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.



  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


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.


Boyd, Jesse
Jesse A. Boyd

Ericksen Arbuthnot

Mr. Boyd is co-chair of Ericksen Arbuthnot’s Environment Group. With more than twenty years of experience...  |  Read More

de St. Phalle, Eustace
Eustace de Saint Phalle

Rains Lucia Stern St. Phalle & Silver

Mr. de Saint Phalle has established himself as one of California’s top personal injury trial lawyers, having...  |  Read More

Gannon, Brendan
Brendan C. Gannon

Rains Lucia Stern St. Phalle & Silver

Mr. Gannon practices in the Rains Lucia Stern St. Phalle & Silver Personal Injury Group. In the last few years, he...  |  Read More

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