Accident Lawyer Slip and Fall Accident Cases 2 — Questions and Answers
Question 1: What is the 'mode of operation' theory in retail slip and fall cases?
- A theory allowing recovery based on the store's self-service business model creating a foreseeable risk of hazardous conditions, without proving specific notice (Correct answer)
- A theory about how the store's machinery caused the accident
- A doctrine holding the store owner liable only during business hours
- A theory requiring proof of prior similar accidents at the same location
Correct answer: A theory allowing recovery based on the store's self-service business model creating a foreseeable risk of hazardous conditions, without proving specific notice
The mode of operation theory holds that a store's self-service business model (like a salad bar or produce section) creates a foreseeable risk of spills, relieving the plaintiff of proving specific notice.
Question 2: What is 'assumption of the risk' as a defense in a slip and fall case?
- The plaintiff assumed the defendant was insured for accidents
- A defense that the plaintiff knowingly and voluntarily encountered a known risk, reducing or barring their recovery (Correct answer)
- A rule that property owners assume all risks of accidents on their premises
- A defense that applies only to sports and recreational activities
Correct answer: A defense that the plaintiff knowingly and voluntarily encountered a known risk, reducing or barring their recovery
Assumption of the risk bars or reduces a plaintiff's recovery when they voluntarily and knowingly exposed themselves to a known dangerous condition.
Question 3: What types of damages are typically recoverable in a slip and fall personal injury case?
- Only property damage caused by the fall
- Medical expenses, lost wages, pain and suffering, and future care costs (Correct answer)
- Only the cost to repair the hazard that caused the fall
- Only punitive damages if the owner acted recklessly
Correct answer: Medical expenses, lost wages, pain and suffering, and future care costs
Slip and fall plaintiffs may recover both economic damages (medical bills, lost wages, future care) and non-economic damages (pain, suffering, emotional distress).
Question 4: What is a 'wet floor sign' and how does it affect premises liability?
- It automatically eliminates the property owner's liability for any slip and fall
- It is evidence that the owner was aware of the hazard and took a step to warn, but may not fully exculpate if placement or adequacy was insufficient (Correct answer)
- It shifts all liability to the custodian who placed the sign
- It is required by OSHA only in commercial kitchens
Correct answer: It is evidence that the owner was aware of the hazard and took a step to warn, but may not fully exculpate if placement or adequacy was insufficient
A wet floor sign shows the owner had notice of the hazard and took some warning action, but liability may remain if the sign was improperly placed, too small, or the spill was not promptly cleaned.
Question 5: What is 'comparative fault' as applied to a slip and fall plaintiff who was texting while walking?
- The plaintiff receives full damages regardless of distraction
- The plaintiff's recovery may be reduced by their percentage of fault for not watching where they were walking (Correct answer)
- The plaintiff is completely barred from recovery in all states
- The store's liability is doubled because phones are electronic devices
Correct answer: The plaintiff's recovery may be reduced by their percentage of fault for not watching where they were walking
Under comparative fault, a plaintiff who was distracted by their phone may be assigned a percentage of fault that reduces their total damages award proportionally.
Question 6: What is a 'trip and fall' case and how does it differ from a slip and fall?
- They are identical legally and use the same analysis
- A trip and fall involves a foot catching on a raised surface or obstacle rather than slipping on a slick surface, but both are premises liability claims (Correct answer)
- Trip and fall cases always involve outdoor hazards, while slip and fall cases are always indoors
- Trip and fall cases require proof of malicious intent by the property owner
Correct answer: A trip and fall involves a foot catching on a raised surface or obstacle rather than slipping on a slick surface, but both are premises liability claims
A trip and fall occurs when a person catches their foot on an elevated surface (such as a raised sidewalk crack) rather than slipping on a wet surface, though both are analyzed under premises liability negligence principles.
Accident Lawyer Slip and Fall Accident Cases 2
What is the 'mode of operation' theory in retail slip and fall cases?