accident attorney Slip and Fall and Premises Liability

Question 1

What must a plaintiff prove in a premises liability slip-and-fall case?

Accepted Answer

The property owner knew or should have known of the dangerous condition and failed to remedy it or warn visitors

Answer

The property owner intentionally created the hazard

Answer

The plaintiff was injured on commercial property only

Answer

The hazard existed for less than 24 hours

Question 2

What are the three traditional categories of visitors in premises liability law?

Accepted Answer

Invitees, licensees, and trespassers

Answer

Customers, guests, and strangers

Answer

Adults, minors, and the elderly

Answer

Employees, contractors, and visitors

Question 3

What is the 'mode of operation' theory in retail slip-and-fall cases?

Accepted Answer

A plaintiff can recover without proving specific notice if the store's self-service business model foreseeably creates recurring dangerous conditions

Answer

A theory that the store's equipment caused the fall

Answer

An OSHA-based standard for retail floor maintenance

Answer

A defense theory arguing the store's procedures were reasonable

Question 4

What is the 'attractive nuisance' doctrine and who does it protect?

Accepted Answer

A doctrine imposing a higher duty on landowners toward child trespassers when an artificial condition on the land is likely to attract children and cause injury

Answer

A doctrine attracting business customers to retail premises

Answer

An advertising regulation for dangerous products

Answer

A rule requiring warning signs on all construction sites

Question 5

What is 'open and obvious' as a defense in slip-and-fall cases?

Accepted Answer

A defense that the hazard was so apparent that a reasonable person would have noticed and avoided it, negating the duty to warn

Answer

A defense that the plaintiff was warned in writing of all hazards

Answer

A doctrine eliminating all premises liability claims

Answer

A defense specific to outdoor slip-and-falls

Question 6

What is 'constructive notice' in a slip-and-fall case against a property owner?

Accepted Answer

The owner should have discovered the dangerous condition through reasonable inspection because it existed for a sufficient period of time

Answer

The owner received a written complaint about the hazard

Answer

The owner was present when the condition was created

Answer

A notice filed with the local building department