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

Negligent security claims arise when a property owner knew or should have known of a foreseeable risk of crime (from prior incidents) and failed to provide adequate lighting, locks, security personnel, or cameras.

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

As in all negligence cases, the plaintiff must affirmatively prove each element — duty, breach, causation, and damages — by a preponderance of the evidence.

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

In comparative fault states, a jury assigns percentages of fault to both the plaintiff (for being distracted) and defendant (for the hazard) — the plaintiff's recovery is reduced proportionally by their share.

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

Surveillance footage showing how long a hazard existed, incident reports documenting prior falls, and maintenance logs proving inspection failures are the most powerful evidence in slip-and-fall cases.

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

Governmental immunity statutes require timely filing of a notice of claim as a condition precedent to suing a government entity; missing the deadline (often 90–180 days) permanently bars the suit.

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accident attorney Slip and Fall and Premises Liability 2