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Legal Resources for Premises Liability Cases

Premises liability cases are common cases in many personal injury practices. In fact, it is the fourth leading area of practice for personal injury lawyers, behind motor vehicle crashes, product liability and medical malpractice. Approximately 26% of personal injury plaintiff attorneys accept premises liability cases. They are also amongst the most difficult personal injury cases to win because jurors would prefer to blame the injured person than the premises owner, often providing a defense verdict or a high percentage of comparative negligence even when the client did nothing wrong.

Common types of cases in the field of premises liability include negligent security cases, defective conditions (including code violation cases), inadequate maintenance, elevator and escalator injuries, dog bites, amusement park injuries, as well as slip and fall cases. With falls being the leading cause of death for the elderly, and the leading cause of traumatic brain injuries it is important for companies to minimize the risk to others at their facility.

One of the most common problems for lawyers handling these cases, is that unlike auto cases, the “rules” pertaining to premises cases are not as clear as rules that govern drivers in an auto case. You may need to review a variety of building codes and figure out which one applies to the location.  Other times there are no building code or statutes that apply, and you must look to corporate documents to determine whether the company violated their own standards or industry standards for that type of business. If the defense keeps you in that “grey area,” you will lose. Another major challenge is jury bias, which has increasingly contaminated the American public through support from major corporations (such as insurers, big tobacco and big pharma), tort reform politicians and talk radio. The public has been led to believe that it should blame the injured person rather than the company. 

With such a high loss rate, it is important that plaintiff lawyers handle these cases in a systematic way to ensure they are maximizing their clients' chances in settlement and trial. Trial Guides has created a set of premises liability books and premises liability videos aimed at helping lawyers handling these difficult cases to win for their clients. These premises liability resources will help any lawyer, at any experience level to handle these cases better, increasing your opportunity to win in cases that otherwise would result in a defense verdict.

Top 10 Premises Liability Resources for Lawyers

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Recommended Resources

Advanced Premises Liability: A Guide Through Trial - Trial Guides

Advanced Premises Liability: A Guide Through Trial

Over the past several decades, trial attorney Michael Neff has been consistently winning six-, seven-, and eight-figure outcomes in premises liability cases. In Advanced Premises Liability: A Guide through Trial, Neff uses detailed examples from past cases to demonstrate the nuts and bolts of how to successfully navigate and try long and complex cases. Neff shares transcripts, letters, and other materials from different stages of trial and case preparation to provide lessons on how to prepare, try, and win a premises liability case. Neff deeply expands upon the issues discussed in his first book, Premises Liability: A Guide to Success, and offers ...

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Premises Liability: A Guide to Success - Trial Guides

Premises Liability: A Guide to Success

Trial attorney Michael Neff is a nationally known premises liability lawyer who's obtained verdicts of $47 million, $35 million, and other substantial verdicts and settlements in premises liability cases. In Premises Liability: A Guide to Success, Neff offers a clear and practical step-by-step guide to trying and winning premises liability cases. Using lessons and examples gained from cases with six-, seven-, and eight-figure premises verdicts, Neff walks you through every aspect of a premises liability case. He begins with important issues in case selection and discovery and moves you through to negotiating settlements and trial. He offers a unique guide to addressing issues found in larger and more complicated lawsuits by demonstrating how they differ from smaller a...

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Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability - Trial Guides

Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability

Rules of the Road™ is America’s bestselling text on proving liability. Since its original release in 2006, it has helped lawyers throughout the country win six-, seven-, and eight-figure verdicts in cases with difficult liability. The book is Trial Guides #1 bestselling book, is widely discussed in CLE lectures and legal Listservs by the country’s leading lawyers, and is taught in trial advocacy classes in numerous law schools. It is considered a "must-read” book for every plaintiff’s lawyer, and is heavily referenced by other leading advocacy texts including David Ball on Damages 3, and Reptile by David Ball and Don Keenan. Rules of the Road ™ does not simply cover motor vehicle cases as the name may suggest. Instead, it teaches a systemati...

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David Ball on Damages 3 - Trial Guides

David Ball on Damages 3

David Ball on Damages 3 from Trial Guides on Vimeo. David Ball on Damages is America's bestselling text on proving damages. Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road™ methods, along with new voir dire techniques, into the classic Damages method. Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. David Ball on D...

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Don't Eat the Bruises: How to Foil Their Plans to Spoil Your Case - Trial Guides

Don't Eat the Bruises: How to Foil Their Plans to Spoil Your Case

Up to 70 percent of jurors will have made their decision by the end of opening statements. Attorney Keith Mitnik has developed a successful method to show you how to win at the start and dismantle the defense’s case while trying yours. Keith Mitnik lives in courtrooms. When he’s not in trial, the senior trial counsel for Morgan & Morgan, the largest personal injury law firm in America, spends his time mentoring his firm's younger lawyers and inventing cutting-edge courtroom strategies. In Don’t Eat the Bruises, Mitnik reveals his result-producing methods for the first time in print. Drawing from the hard-won experience of his prolific and innovative career, Mitnik offers an approachable and proven system for trying and winning cases. Exploiting juror bias, ...

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Winning Case Preparation: Understanding Jury Bias - Trial Guides

Winning Case Preparation: Understanding Jury Bias

Since 2005, trial consultants David Bossart, Gregory Cusimano, Edward Lazarus, and David Wenner have been involved in some of the largest plaintiff’s verdicts in the country, totaling more than $4 billion. In Winning Case Preparation: Understanding Jury Bias, the top experts in jury bias offer a proven method of case preparation—whether you’re seeking to settle a minor impact case or gearing up for a massive medical malpractice trial—that is based on years of evidence-based research and experience. The authors demonstrate how to analyze your case to determine its strengths and weaknesses, avoid being blindsided by issues you were unaware of, and offer a proven way of increasing the likelihood of your success. Their framework for how to prepare a case can help you bett...

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30(b)(6): Deposing Corporations, Organizations & the Government, Second Edition - Trial Guides

30(b)(6): Deposing Corporations, Organizations & the Government, Second Edition

30(b)(6): Deposing Corporations, Organizations & the Government is the leading text on FRCP 30(b)(6) depositions, and state equivalents. For years, advocates have quibbled over the thirty-eight deceptively simple words of Rule 30(b)(6) and asked themselves, “How do I depose something that isn’t a person?” 30(b)(6): Deposing Corporations, Organizations, and the Government is the definitive tool you need to cut through the smokescreens and end the runaround once and for all. This practical book helps you draft 30(b)(6) notices, and teaches how to keep the witness on track with providing answers on behalf of the corporation, organization, entity of governmental body. A great case needs great evidence. The best techniques in case framing, storytelling,...

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Changing Laws, Saving Lives: How to Take on Corporate Giants & Win - Trial Guides

Changing Laws, Saving Lives: How to Take on Corporate Giants & Win

Randi McGinn, one of America’s leading trial lawyers, teaches you her innovative methods through the compelling narrative of one of her most important cases. McGinn’s experience shows you how to prevail against corporations and insurers with seemingly unlimited funds, who are willing to deploy any tactic to win. Her trials have resulted in changes in corporate and police department practices and have resulted in substantial verdicts and settlements for her clients. Through the lens of this case and many others, Randi teaches you how to: Begin every investigation by visiting the scene, where you can pick up details that no pile of reports can show. Look for elements in a case that make it into a compelling story for the jury. Find rules that the d...

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Grief and Loss: Identifying and Proving Damages in Wrongful Death Cases - Trial Guides

Grief and Loss: Identifying and Proving Damages in Wrongful Death Cases

This book is strongly recommended by leading trial consultant and damages expert, David Ball, as essential for presenting damages in wrongful death cases. Handling wrongful death cases provides unique challenges for plaintiff lawyers. When a loved one dies, you often have no visible injuries to show. No expert can calculate the cost of maintaining a life in absence of a child, a wife, a parent, or a sibling. Instead, your client's noneconomic damages are invisible, difficult to quantify, and often incomprehensible. How do you communicate those intangible general damages to a mediator, a judge, or a jury? Grief and Loss: Identifying and Proving Damages in Wrongful Death Cases brings expert knowledge from one of the country's leading trial attorneys spec...

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Show the Story: The Power of Visual Advocacy - Trial Guides

Show the Story: The Power of Visual Advocacy

When you litigate a case, you know every detail intimately. You know your client, you've seen their injuries at the worst, you've been to the accident scene, and commiserated with the witnesses. The mediator, the judge, the jury—they have nothing more than the series of words you string together. That is, unless, you Show the Story. In this groundbreaking work by attorney William Bailey and trial consultant Robert Bailey, you'll learn to create compelling visual presentations and make your cases come alive. This is more than a simple poster board or powerpoint slide. It's learning how to tell a story in pictures—presenting the setting, the defendant, the actions, and the defendant's choices in images. What happened, and when did it happen? The authors explain how to g...

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