Oops! Slip and Fall Cases: From Sign up to Trial


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Course Description

This program was recorded on December 13, 2018

This course is designed to guide you through any Slip and Fall case. From onset to trial, there are many issues you can avoid along the way and strategies that can help you see it through to a successful verdict.

Speaker Bio
2 General CLE Credits
Course Agenda

Attorney Olivier TaillieuOlivier Taillieu
Olivier Taillieu is a distinguished and respected trial attorney. He has tried and won multiple jury trials in his prolific career, and has recovered tens of millions of dollars in verdicts and settlements for his clients. He’s the chief trial attorney of The Dominguez Firm and handles complex and hard-fought cases. Attorney Taillieu has been recognized by his peers as an outstanding advocate for his clients. He was one of five finalists for the prestigious CAALA Trial Lawyer of the Year Award in 2017, and he received the coveted nomination again in 2018. Taillieu was recently selected to serve on the CAALA Board of Governors, and on the 2019 Consumers Attorneys of California Board (CAOC). He was also nominated for the Leaders in Law award by Los Angeles Business Journal.

Contact Olivier Taillieu

2 General Credits

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Course Agenda

  1. Should you take the case?
  2. Gathering evidence
    1. Type of injury
    2. Evidence preservation letter
    3. Video footage
    4. Clients footwear
    5. Water/substance on clothes?
    6. Facility reports/client report
    7. Sweep sheets
    8. Type of flooring
    9. Send investigator early (open for public)
    10. Coefficient of friction analysis
  3. Opening the policy
  4. Litigation Strategies
    1. File early
    2. Peel back the onion - find the theory
  5. Experts
    1. Coefficient of friction - tribometer/biomechanics/subject matter expert (retail, gas station etc)
    2. Use the building code
    3. Use friction analysis
    4. Go to the site with your expert
    5. Talk about De Regis
    6. Talk about Oldham
    7. Talk about Elmas
    8. Talk about Mahjobi
    9. Talk about Camargo
  6. Use discovery tools
    1. Get admission
    2. Get internal documents on fall prevention
    3. Get prior claim for S&F
    4. Depose PMQ early - before everyone gets their story together
    5. Depose employees whose names are on sweep sheets and confirm what they do
    6. Demand video footage showing inspections
    7. Do your own sub rosa
  7. Medical management—keep it super legit/less is more
  8. Pre-trial/trial
    1. Focus group
    2. Exclude evidence of no prior incident
    3. Other motions in limine
    4. Typical defenses/no notice/clients shoes/1000 people walk through there/watch where she’s going/pre-existing medical issue/seizure/etc
  9. Trial strategies
    1. Everyone hates S&F - voir dire
    2. Educate the jury about the dangers
    3. Find the villain
  10. Protect your verdict
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Tuesday: 9am - 6pm ET
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Thursday: 9am - 6pm ET
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