Travel and Leisure Injuries: Out-of-State Claims From Theme Parks, Winter Sports, Cruise Ships, and More

Jurisdiction, Choice of Law, Parties, Duties, Defenses, and Out-of-State Counsel

A live 90-minute CLE webinar with interactive Q&A


Wednesday, March 25, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 6, 2020

or call 1-800-926-7926

This CLE webinar will guide personal injury attorneys through the maze of pursuing claims for clients injured while engaged in leisure activities locally or when traveling. Leisure activities (playing sports at parks, visiting beaches, riding boats, hiking mountains) invite a range of injuries but present significantly different challenges for the personal injury attorney at the procedural and substantive levels.

Description

Serious leisure activity injuries, whether local or while traveling, are a common occurrence. Whether being injured while skiing, riding on a roller coaster, riding on a snowmobile, skydiving, or suffering a bacterial or viral outbreak on a cruise ship, leisure activities are rife with the potential for injury. Unfortunately, pursuing a claim for those injuries is no simple thing.

Counsel must first determine where to file the claim, considering whether the injured party signed an agreement limiting suits to a specific jurisdiction. Counsel must also identify the correct governing law because these claims tend to be subject to different state laws (or, in the case of cruise ships, perhaps federal or foreign law). Counsel must understand the practical and ethical considerations surrounding associating with out-of-state counsel if needed.

The claims themselves, though in diverse contexts, will have overlapping substantive challenges. Counsel must analyze potential defendants (possibly responsible individuals, landowners, travel companies, etc.). There are likely to be questions of written waivers and assumption of risk.

Listen as this panel, well experienced in pursuing these types of claims, provides legal and practical guidance in cases where the client is injured while pursuing leisure activities.

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Outline

  1. Personal jurisdiction and venue
    1. Identification of parties
    2. Determination of differences
    3. Role of indispensable parties
    4. Written jurisdiction/venue clauses
    5. Written arbitration provisions
  2. Choice of law
    1. Between possible states
    2. Between state and federal
    3. Written provisions
  3. Additional counsel
    1. Unauthorized practice
    2. Fee arrangements
  4. Recurring substantive law issues
    1. Assumption of risk
    2. Written waiver
    3. Contributory negligence

Benefits

The panel will review these and other essential matters:

  • Steps to take when a client reports an injury suffered during leisure activities
  • The role of out-of-state counsel in substance and client counseling if the client was traveling
  • Legal issues common to all leisure activity injury claims, including waivers

Faculty

Bassett, Edward
Edward C. Bassett, Jr.

Partner
Mirick O'Connell DeMallie & Lougee

Mr. Bassett is Chair of the firm's Personal Injury Litigation Group. He has practiced in the area of civil...  |  Read More

Belluck, Joseph
Joseph W. Belluck

Partner
Belluck & Fox

Mr. Belluck has a national reputation for excellence in asbestos, mesothelioma, truck accident and serious personal...  |  Read More

Cosgrove, Bradley
Bradley M. Cosgrove

Partner
Clifford Law Offices

Mr. Cosgrove is an experienced trial attorney in the areas of medical malpractice, trucking accidents, automobile...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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48 hours after event

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DVD

10 business days after event

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