Schedule/Sessions
Session 1 - Session 1 - Presentation A: Dram Shops/Liquor Liability 101
A majority of states have now enacted some form of “Dram Shop” law which places restaurants, bars, night clubs and other similar establishments at risk for civil liability when a third-party sustains injury arising out of the sale or service of alcohol to intoxicated adults or minors. More recently, several states have passed “Social Host” liability laws which similarly provide a basis for liability in a non-commercial setting.
“Dram Shop” and “Social Host” laws present a significant departure from common law and established premises liability and ordinary negligence principles.
This presentation will discuss the significant variances in scope and application of “Dram Shop” and “Social Host” laws and the common defenses available under such laws.
Discussion and exploration of hypothetical cases will assist the audience in understanding the unique challenges that liquor liability claims present to claims professionals and defense attorneys. Suggestions and checklists will be offered that should assist claims professionals and attorneys in navigating the ethical and strategic considerations involved in defending such claims from loss notice to trial or resolution.
Back to topSession 1 - Session 1 - Presentation B: CAUTION - Level Pavement Ahead: Managing the Risk Associated with Slip and Fall Claims
- Speakers:
Jaclyn Chapman, Brown & Brown Risk Solutions
Juliet Gridley, SEA, Ltd.
Joshua Stein, Self Employed
Of all the claims faced in a premises liability setting, perhaps slip and fall claims are the most prevalent. These claims result from all sorts of reported allegations – foreign substances, static conditions, improper construction, and faulty maintenance. Some have merit while others do not. We will look into a variety of knowledge issues surrounding the defense and prosecution of these claims and how to identify whether or not your claim is the result of a fall on a defensible ‘level pavement’ or ramped surface or the dreaded ‘uneven pavement’ or improperly designed/constructed ramp. We will explore ways a company can lower their exposure to slip and fall claims by taking certain steps on the front-end to prevent falls, to properly investigate falls once they happen and to properly document evidence surrounding the falls. A variety of examples and scenarios will be explored and discussed in a panel format with audience interaction to provide helpful tips and thoughts when defending these claims.
Back to topSession 1 - Session 1 - Presentation C: Damages Control: Investigation Best Practices and Apportionment of Damages in Premises Security Cases under Couch v. Red Roof Inns
- Speakers:
Matthew Bakota JD, PHR, Dunlevey Mahan & Furry
Chad Callaghan, Rimkus
Mark Crowley, Marriott International, Inc
Jennie Rogers, Self Employed
In July 2012, the Supreme Court of Georgia decided Couch v. Red Roof Inns, Inc., 291 Ga. 359, 729 S.E.2d 378 (2012), wherein the Court held as a matter of first impression that juries in Georgia premises security cases may apportion damages to criminal assailants, including non-parties, at trial.
The Couch decision will be used to initiate a two-part panel discussion regarding (1) the immediate and lasting impact of Couch on Georgia premises security cases (15 minutes); and (2) suggested best practices for investigating premises security claims to limit damages in all jurisdictions (35 minutes).
Back to topSession 2 - Session 2 - Presentation A: Litigation Strategies for False Arrest Claims Arising Out of "Bad Stops"
This panel discussion will be a case study of a bad stop claim. The claim arises out of a stop made by a loss prevention specialist at a grocery store based on a mistaken (or unsubstantiated) belief that the customer secreted a tube of tooth paste up his sleeve. We will dissect the various challenges encountered litigating the claim and discuss resolution strategies. The fact pattern includes a robust set of problems that will provide a significant opportunity to engage attendees in a discussion about several issues, including:
1. Understanding the limitations of retailer’s statutory privileges
2. Substantiating probable cause
3. Proving reasonableness of detention
4. Overcoming the perception of bias or prejudice as a motivating factor for the stop
5. Timing considerations related to dispositive relief and settlement negotiations
Back to top
Session 2 - Session 2 - Presentation B: Winning With Surveillance
Covert video surveillance can decimate a personal injury Plaintiff’s credibility and seriously undermine his claims for damages. Video evidence is easy for juries to understand and can be extremely persuasive. Further, technological advances in picture quality and easily concealablerecording devices allow investigators to create video that can captivate the finder of fact. However, not every case merits video surveillance. Moreover, an ill-timed disclosure of video evidence could have serious consequences with respect to its value and even its admissibility. This discussion will address how to maximize the benefits of video surveillance, including when and how to use it in depositions, mediation, arbitration, and trial. This discussion will also address when surveillance should be disclosed, so that the valuable footage is not lost.
Back to topSession 2 - Session 2 - Presentation C: When the Worst That Can Happen HAPPENS: How to Successfully Manage a Large Loss in the Retail/Hospitality Industries
- Speakers:
Tim Dunn, ESIS
Karen Fultz, Sheehe & Associates, P.A.
Mark Kissel, Envista Forensics
Karina Shreefer, Legal Language Services
This presentation will use case study scenarios to best practices for managing a large loss in the retail/hospitality industry. It’s geared for insurance claim and litigation professionals.
This panel will be comprised of an insurance claims manager with extensive subrogation experience, an attorney with experience within the retail/hospitality industries, as well as a forensic engineer and an attorney with experience in international litigation.
Back to topSession 3 - Session 3 - Presentation B: Premises Liability: Mechanics, Biomechanics and Injuries in Slip/Trip and Fall Claims
- Speakers:
Thomas Baker, Forensic Engineering, PLLC
Richard E. Ramsey, Wicker, Smith, O'Hara, McCoy & Ford, P.A.
Mark Reese, RSUI Group Inc.
This presentation will use case study scenarios to best practices for managing a large loss in the retail/hospitality industry. It’s geared for insurance claim and litigation professionals.
This panel will be comprised of an insurance claims manager with extensive subrogation experience, an attorney with experience within the retail/hospitality industries, as well as a forensic engineer and an attorney with experience in international litigation.
Back to topSession 3 - Session 3 - Presentation C: Surviving the SIR/Excess Carrier Conflicts
- Speakers:
Chris Algero, Broadspire
Brian Cafritz, Kalbaugh Pfund & Messersmith PC
Tracy Hurst, Ruby Tuesday, Inc.
David Schwartzenfeld, Marsh
Handling cases for SIR clients can expose one to a myriad of pitfalls and traps that can jeopardize coverages and lead to uncomfortable working dynamics. There are a host of variables and players involved, and defense counsel and client must fully understand the dynamics involved.
In this presentation, a panel of attorneys, third party administrators, SIR Corporate members, and excess carrier representatives discuss how large loss claims that may exceed SIR coverage and spill into the excess policy need to be coordinated and handled. What happens on the client side once the attorney evaluates the case over the SIR, or the client tenders its limits to the carrier. What happens when plt demands an amount inside the SIR and the carrier demands that the client settled? How can these tensions affect the ability to get authority? How can it impact case settlement? What must defense counsel do in order to be sensitive to the issues on both ends, and what pressures result from all of it?
Back to topNo Learning Objectives Available
