The Complexities of Premises Liability Laws: Types of claims, key principles, environmental and human factors, and duty of care

Mitchell Panter | Panter, Panter & Sampedro, P.A

Mitchell Panter is a partner in the law firm of Panter, Panter & Sampedro, P.A., where he practices in the areas of personal injury, wrongful death, medical malpractice, product liability and premises liability. Mr. Panter has tried cases and represented clients throughout the State of Florida. Mr. Panter has presented oral arguments in several State and Federal Appellate Courts and has appeared before the Florida Supreme Court. Mitchell Panter is Board Certified by the Florida Bar Board of Legal Specialization and Education as a Specialist in Civil Trial Law and by the National Board of Trial Advocacy in Civil Trial Advocacy. Mr. Panter was a professor of paralegal studies at Miami Dade Community College. He has also lectured extensively on a variety of topics relating to personal injury, medical malpractice, trial practice and pretrial procedures.

Mr. Panter received his B.A. degree from the University of Michigan and his J.D. degree from the University of Miami. He attended Wagner College in Bregenz, Austria, while enrolled in a Junior Year Abroad Program. Mr. Panter is past president of The Pinecrest Business Association South Miami Kendall Bar Association and the B’Nai Brith Bench & Bar. Mr. Panter is also actively involved in the community, serving on several boards as a director and previously on the Board of Directors for Professional Bank. As the Managing Partner of Panter, Panter & Sampedro, P.A., Mr. Panter oversees the firm’s day-to-day practice with six attorneys and a staff of twenty.

Jordan Powell | Passen & Powell

Jordan S. Powell, one of the Founding Partners of Passen & Powell, has devoted his entire career to the representation of victims of negligence, including automobile accidents, medical malpractice, nursing home negligence, assisted living negligence, construction accidents, premises liability and pool drownings.

Jordan has received several honors for his work, including:

Chicago Daily Law Bulletin: 40 under 40 2012
Illinois Super Lawyers 2012 – present
Leading Lawyers 2015 – present (see profile)
The National Trial Lawyers: Top 40 Under 40 2016 – present

To learn more about what his colleagues say, please read Law Bulletin Publishing Company’s list of the 40 Attorneys Under Forty in Illinois. Jordan earned his J.D. from Chicago-Kent College of Law where he focused his studies on developing a well-rounded litigation background, earning high honors in both trial advocacy and litigation technology courses. Prior to law school, Jordan attended the University of Michigan where he was on the dean’s list and graduated with academic distinction. While there, he earned two degrees: a B.A. in Political Science and a B.A. in Organizational Studies.

Jordan is an active member of the Illinois Trial Lawyers Association and both the Traumatic Brain Injury Litigation Group and Nursing Home Litigation Group of the American Association of Justice. Jordan serves a peer reviewer for the American Association of Justice “Trial Magazine.”

Jordan has been asked to speak to a number of groups including fellow lawyers, senior advocates and long-term care ombudsmen. Jordan volunteers at both Chicago-Kent College of Law and John Marshall Law School judging trial advocacy and moot court competitions.

Outside of work, Jordan makes a conscious effort give back to the community. Jordan spent time in the Gulf Coast offering legal advice to victims of Hurricanes Katrina and Rita and helping with the demolition of destroyed homes. Jordan also serves as a mentor as part of the Solo & Small Practice Incubator program at Chicago-Kent College of Law and as part of the mentor-mentee program through the Chicago Bar Association.

Jordan was raised in West Bloomfield, MI, and attended Bloomfield Hills Andover High School, where his ambition, competitiveness and scholastic achievement were evident. He was a three-letter athlete and earned numerous scholar-athlete honors. Jordan lives in Oak Park with his wife, Greta Powell, also an attorney, and their two daughters.

Session I – A Guide to Premises Liability | 11:00am – 12:00pm

• Understanding Premises Liability Laws | 11:00am – 11:10am
  • Negligence Cases:
    • Intake issues – Witnesses, exhibits, spoliation letters, videos
    • Presuit Resolution vs. Litigation
    • Discovery – Presuit and Litigation
• Types of Premises Liability Claims | 11:10am – 11:25am
  • Types of coverage available vs. exclusions
  • Med Pay
  • Exclusions for dog bite claims
  • Pleading correctly when in suit
  • Elevator cases and Homeowner association cases
  • Property owners, maintenance companies, and other potential parties to the claim
• Determining Liability | 11:25am – 11:40am
  • Slip and Fall case law
  • History. —s. 1, Ch. 2010-8
  • Categories of Visitors
  • Common Types of Premises Liability Cases
  • Comparative Negligence
• Preventing Premises Liability Claims | 11:40am – 11:50am
  • Warning signs, cones, especially for dogs
  • Regular routine maintenance and check lists
  • Regular inspections of the property
  • Video cameras = insurance
  • Med Pay and liability
• Steps in a Premises Liability Case | 11:50am – 12:00pm

Break | 12:00pm – 12:10pm

Session II – Premises Liability Decoded: Your Essential Legal Companion | 12:10pm – 1:10pm

• Premises Liability Guide | 12:10pm – 12:30pm
  • Premises liability: definition and significance
  • Historical context and evolution of premises liability laws
  • Key principles and concepts in premises liability
  • Importance of premises liability for businesses and property owners
• Factors Influencing Premises Liability | 12:30pm – 12:50pm
  • Environmental factors: weather conditions, lighting, maintenance
  • Human factors: behavior of visitors, employees, and trespassers
  • Legal considerations: duty of care, foreseeability, standard of care
• Emerging Trends and Issues in Premises Liability | 12:50pm – 1:10pm
  • Technological advancements in premises security and surveillance
  • Impact of social media on premises liability cases
  • Legal implications of virtual and augmented reality in premises design
  • Addressing challenges posed by new forms of premises use, such as co-working spaces and shared accommodations