Slip and Fall and Premises Liability Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Slip and Fall and Premises Liability flashcards as text
What is 'negligent security' in premises liability law?
Answer: Liability of a property owner for foreseeable criminal acts against visitors due to inadequate security measures
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.
Who has the burden of proof in a slip-and-fall premises liability case?
Answer: The plaintiff bears the burden of proving all elements of negligence by a preponderance of the evidence
As in all negligence cases, the plaintiff must affirmatively prove each element — duty, breach, causation, and damages — by a preponderance of the evidence.
What is 'comparative fault' and how does it apply in a slip-and-fall where the plaintiff was also distracted?
Answer: The plaintiff's recovery is reduced by their percentage of fault for failing to watch where they were walking
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.
What types of evidence are most critical in a slip-and-fall case?
Answer: Surveillance video, incident reports, maintenance logs, prior complaint records, and witness testimony about the condition and duration
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.
What is a 'notice of claim' requirement and which entities require it in personal injury cases?
Answer: Government entities (cities, counties, state agencies) require formal written notice within a short period (30–180 days) before a lawsuit can be filed
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.
What is the 'reasonable care' standard applied to property owners in premises liability cases?
Answer: A property owner must act as a reasonably prudent property owner would under similar circumstances to maintain the property and protect visitors
The reasonable care standard is objective — judged against what a reasonable property owner would do, not the specific owner's subjective judgment or financial resources.