At our law firm, our lawyers are continually attending seminars and reading to ensure they have the most up-to-date and in-depth knowledge of the laws that impact our clients. Some resources stand the test of time. In 2002, Alvin S. Hyde and others published a great resource book entitled Falls and Related Injuries: Slips, Trips, Missteps and their Consequences. This book is an all-encompassing resource for those who litigate slip, trip, and fall cases.
The text has three sections: the first outlines why people fall and who falls more often.
The second section is of more use to the practitioner, because it includes a review of the types of hazards that contribute to falls. The detailed explanation of how people fall allows the reader to understand what kinds of injuries typically result.
The last three chapters are like a gold mine. Chapter 17 summarizes legal issues associated with slip, trip, and fall cases from the plaintiffs perspective. The chapter discusses such topics as the duty owed to others, and identifies potential defendants. Aptly titled "Defenses in a Slip and Fall Case," chapter 18 is the defense side of the story. The chapter outlines common defenses used and provides legal authority for each defense theory, thereby allowing additional follow-up. The last chapter is the busy lawyer's dream: a collection of checklists. These checklists highlight areas of investigation and help remind counsel to inquire into "obvious" topics (for example, shoes worn by the client) and the innocuous, such as particular phobias of the client. There are also checklists for use in questioning witnesses and deposing the defendant, and even one (albeit a bit brief) for expert witnesses. Obviously, a good defense lawyer could use these resources to prepare for the same depositions.
The final section, "The Fall Prevention Manual," offers information concerning the construction of premises (whether remodeled or new construction) to try and minimize the creation of slip, trip, or misstep hazards. The CD-ROM provided includes the forms and checklists found in this section. This text is an exceptional resource for those who handle the slip, trip, and misstep cases.
