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In this program, Michael Neff, author of Premises Liability: A Guide to Success, expands upon tactics from his book and breaks down how to approach these complicated lawsuits. Neff theorizes that with experience, you need to screen for bigger case value. He breaks down his 10 percent rule, which has guided his practice for many years. Because these trials often require utilizing an expert, you want to take on more valuable cases once you have the confidence to do so.
Continuously educating yourself and finding mentors who can help you navigate premises liability cases is crucial to your success. Through a series of in-depth questions and answers, Neff guides listeners through the most intimidating elements of these cases, such as taking on the first few clients, finding reliable expert witnesses, deposing the defenses’s witness, and strategies for voir dire.
Neff also takes on more situational and case-specific questions:
- Splitting costs with more experienced co-counsel
- How to deal with alcohol in medical records
- Expand upon the “every case needs to be tried” approach
- Negative attribution in voir dire
- Using 30(b)(6) depositions in premises cases
- How to avoid victim blaming in voir dire
- How to concede that your client is somewhat at fault without losing the jury
- Do you only go to trial if you have an expert with direct work experience? If not, how do you explain to a jury that the expert is qualified?
- Liability related screening criteria for slip and fall cases
- What to do when a retailer refuses to give you security footage prior to filing a lawsuit?
- Do premises cases yield better compensation than wreck cases when the injuries are the same?
- How does the Rules of the Road approach apply to premises liability cases?
- Countering common defenses
- Mediation and settlement work
- Top mistakes trial lawyers make
- How to handle juror bias
- Overcoming the fear of going to trial
- How to find out the defendant’s policies and procedures
- Deposing the defendant’s record keeper
- How to get the defendant to agree to safety rules prior to asking substantive questions.
- Resources to better understand the anatomy of construction
- How to prove invisible injuries in a premises case
- How to get a jury to think in terms of millions of dollars for damages
- How to argue for sanctions
Neff’s honed experience and perspective has made his practice the success it is today. His book is considered the premises liability guidebook because it tackles the unforeseen challenges these lawsuits can have. In conjunction, this program will teach you how to tackle the intricacies of these cases and help your client get what they deserve.
*This interview was originally offered to customers as part of our Trial Guides LIVE Fireside Chat series. The content has been remastered and edited for brevity and clarity.