CLE
Credit Hours.
Original Seminar Course Length: 1.5 Hours. General
The mode of operation rule was formally adopted by the Connecticut Supreme Court in Kelly v. Stop & Shop, Inc., 281 Conn. 768, 791 (2007). The mode of operation rule relieves a plaintiff’s obligation to prove notice within a premises liability cause of action; however, the applicability of the rule has consistently been narrowed since Kelly.
This CLE will cover an analysis of the mode of operation rule as adopted in Kelly and the effect its progeny has had on the applicability of the rule. We will also discuss practical application of mode of operation to help attorneys properly prosecute and defend against such claims including pleading requirements, vehicles to challenge inappropriate mode claims and discovery tactics. Finally, a discussion as to whether the mode of operation rule has been narrowed to such a degree it can only apply to a fact pattern similar to that of Kelly.
CBA members must log in to the CBA website to access the self-study complimentary on-demand resources. These products are audio/video recordings and course materials from live CLE seminars that are three or more years old.
Non-members should call (844)469-2221 to learn how to become a member to gain access to these free member resources.
Complimentary On-demand Product Disclaimer:
Information contained in this audio/video complimentary on-demand product may be outdated and may not meet the criteria for CLE credit. Accordingly, the CBA is not automatically certifying any Connecticut or New York CLE credits for this complimentary on-demand product. CBA members who view/listen to this complimentary on-demand product may claim Connecticut CLE credit on their own as self-study if they determine that the information provided by the on-demand product is timely and relevant and otherwise meets the criteria in CT MCLE rule 2-27A.
- The basics of the mode of operation exception to notice within a premises liability cause of action as adopted in Kelly
- Controlling authority since Kelly, and the effects each case has on the rule
- Practical application of the rule; specifically, pleading requirements and prosecuting/defending mode claims
Who Should Purchase
This CLE will be of particular interest to civil litigators in Connecticut, especially those attorneys who focus on premises liability. Notwithstanding, the CLE will be instructive to all attorneys and law students.
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