accident attorney Slip and Fall and Premises Liability 2

Question 1

What is 'negligent security' in premises liability law?

Accepted Answer

Liability of a property owner for foreseeable criminal acts against visitors due to inadequate security measures

Answer

A claim against a security guard for assault

Answer

Failure to post proper warning signs

Answer

Government liability for inadequate police response

Question 2

Who has the burden of proof in a slip-and-fall premises liability case?

Accepted Answer

The plaintiff bears the burden of proving all elements of negligence by a preponderance of the evidence

Answer

The property owner bears the burden of proving the premises were safe

Answer

The burden shifts to the property owner once the plaintiff proves a fall occurred

Answer

Both parties share equal burden of proof

Question 3

What is 'comparative fault' and how does it apply in a slip-and-fall where the plaintiff was also distracted?

Accepted Answer

The plaintiff's recovery is reduced by their percentage of fault for failing to watch where they were walking

Answer

The plaintiff cannot recover if they were using a phone while walking

Answer

Distraction is always a complete defense for property owners

Answer

Fault is split equally between distracted plaintiff and negligent owner

Question 4

What types of evidence are most critical in a slip-and-fall case?

Accepted Answer

Surveillance video, incident reports, maintenance logs, prior complaint records, and witness testimony about the condition and duration

Answer

Only the plaintiff's medical records

Answer

Expert testimony about building codes only

Answer

The defendant's financial records

Question 5

What is a 'notice of claim' requirement and which entities require it in personal injury cases?

Accepted Answer

Government entities (cities, counties, state agencies) require formal written notice within a short period (30–180 days) before a lawsuit can be filed

Answer

All personal injury defendants require a notice of claim

Answer

Notice of claim applies only in federal court

Answer

Insurance companies require notice of claim before adjusting any loss

Question 6

What is the 'reasonable care' standard applied to property owners in premises liability cases?

Accepted Answer

A property owner must act as a reasonably prudent property owner would under similar circumstances to maintain the property and protect visitors

Answer

A property owner must guarantee no visitor is ever injured

Answer

Property owners are strictly liable for all injuries on their premises

Answer

The standard is set by local building codes exclusively