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Courses/Law/Tort Law

Premises Liability: Legal Standards & Litigation Strategies

A comprehensive guide to legal standards, defenses, and litigation strategies in premises liability cases.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025
Premises Liability: Legal Standards & Litigation Strategies

What You'll Learn

check_circleExplore the defenses of open and obvious conditions, trivial defects, and assumption of risk.
check_circleUnderstand how plaintiffs must establish notice to prove liability and how defendants can challenge these claims.
check_circleGain insights into procedural strategies, discovery, and presenting or defending premises liability claims.
check_circleLearn the legal principles governing liability for hazardous weather conditions and out-of-possession landlords.

About This Course

Join us for this comprehensive update course covering a year's worth of changes to cases and statutes in the most popular topics for tort practitioners.

Topics List:

  • Owner and possessor’s duty of care
  • Establishing breach of duty and proving negligence
  • Actual and constructive notice requirements
  • Defenses: Open and obvious conditions, trivial defects, assumption of risk
  • Snow and ice liability and the storm-in-progress doctrine
  • Responsibilities of out-of-possession landlords
  • Liability of property managers and adjacent property owners
  • Understanding res ipsa loquitur and latent defects
  • Strategies for plaintiffs and defendants in premises liability litigation
  • Case law updates and judicial interpretations

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

A.J.  Smith, Esq.
A.J. Smith, Esq.

Partner at Baxter & Smith P.C.

Arthur Smith is an experienced trial lawyer in both state and federal courts in the areas of negligence, labor law, toxic torts, products, premises, and automobile liability. Mr. Smith is admitted to the United States Supreme Court, various Federal Appellate Courts including the Second Circuit, as well as the state and federal courts in New York. He serves on the Executive Committee for the Torts, Insurance & Compensation Law Section of the New York State Bar Association. Additionally, Mr. Smith lectures extensively. Most recently, he served as Chair of the Torts, Insurance & Compensation Law (TICL) Section of the New York State Bar Association for their semi-annual meeting, which was held in Killarney, Ireland. Previously, he has served as the Chair of a New York State Bar Association seminar on Labor Law and Construction Accidents, and as a speaker for the New York State Bar Association on topics including Construction Accidents, Premises Liability, Evidence, Trial Tactics, Insurance Coverage, and Ethical Obligations of Counsel. Mr. Smith was also a lecturer on “Serious Injury” and “Negotiation Strategy” at the Buffalo Claims Association’s (BCA) Premises Liability at the 2005 Annual Convention, served as trial counsel for the mock trial presentation at the BCA 2003 Convention, and lectured on “Grave Injury” at the 2002 BCA Convention and on Labor Law at the BCA’s 2000 Annual Convention. Mr. Smith addressed the 2007 New York State Association of Independent Insurance Adjusters Annual Convention and has lectured for the New York State Trial Lawyers Association, The New York State Trial Lawyers, The Bar Association of the City of New York, and served as judge at Fordham University Moot Court and Trial Advocacy contests.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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