Defining Litigation Strategies and Minimizing Public Relations Challenges for High Profile Accident Cases Involving Catastrophic Accidents

February 27, 2015 9:30am

Lary I. Zucker
Senior Counsel and Chair, Amusements, Sports and Recreation Practice Group
Marshall Dennehey Warner Coleman & Goggin, P.C.

Carla Varriale
Partner
Havkins Rosenfeld Ritzert & Varriale, LLP

John E. Fagan
Partner
Duane Morris LLP

Karen Bradley
Deputy General Counsel and Vice President, Risk & Litigation
Intrawest

  • Examining best practices for defending against severe injuries occurring at recreation or leisure facilities
    • Exploring the interplay between the causation of injuries and extreme thrill rides
  • Distinguishing the role of the manufacturer versus the facility in the event of a catastrophic accident
  • Investigating accidents immediately and preserving the evidence in the event of a trial
    • Identifying the interested parties in investigating the accident
      • e.g., state regulators, OSHA, facility employees, third-party investigators
  • Understanding when criminal charges may be filed due to severe injury or death
  • When to settle: Balancing the need to defend versus mitigating the reputational harm