Accident Lawyer Slip and Fall Accident Cases 1 — Questions and Answers
Question 1: What legal theory forms the basis of most slip and fall claims in the US?
- Strict liability
- Premises liability based on negligence (Correct answer)
- Intentional tort
- Products liability
Correct answer: Premises liability based on negligence
Slip and fall claims are typically based on premises liability, which holds property owners responsible for maintaining safe conditions and warning visitors of known hazards.
Question 2: What three categories of visitors does premises liability law traditionally use to determine duty of care?
- Guests, strangers, and trespassers
- Invitees, licensees, and trespassers (Correct answer)
- Customers, employees, and contractors
- Adults, minors, and persons with disabilities
Correct answer: Invitees, licensees, and trespassers
Traditional premises liability law classifies visitors as invitees (highest duty), licensees (moderate duty), and trespassers (minimal duty), with the property owner's level of care depending on visitor status.
Question 3: What must a plaintiff typically prove in a store slip and fall case?
- That the store was open to the public
- That a dangerous condition existed and the store knew or should have known about it and failed to remediate it (Correct answer)
- That the plaintiff was wearing appropriate footwear
- That the store had prior lawsuits for the same type of accident
Correct answer: That a dangerous condition existed and the store knew or should have known about it and failed to remediate it
In a slip and fall case, the plaintiff must prove a hazardous condition existed, the property owner had actual or constructive knowledge of it, and failed to remedy or warn of it.
Question 4: What is 'constructive notice' in a slip and fall case?
- A notice posted on the store's website about potential hazards
- Knowledge the property owner is deemed to have because the hazard existed long enough to be discovered with reasonable inspection (Correct answer)
- A formal written notice sent to the property owner after the accident
- Notice of a lawsuit delivered by a process server
Correct answer: Knowledge the property owner is deemed to have because the hazard existed long enough to be discovered with reasonable inspection
Constructive notice means the owner did not actually know about the hazard but is legally charged with knowing because it existed long enough to be found through reasonable care.
Question 5: What is an 'open and obvious' hazard defense in a slip and fall case?
- A defense that the property owner posted obvious warning signs
- A defense that the hazard was so visible that a reasonable person should have noticed and avoided it, negating the duty to warn (Correct answer)
- A defense available only in cases involving outdoor hazards
- A defense requiring the plaintiff to prove the hazard was hidden
Correct answer: A defense that the hazard was so visible that a reasonable person should have noticed and avoided it, negating the duty to warn
The open and obvious defense argues that the property owner had no duty to warn of a hazard that was plainly visible and would be recognized by a reasonable person.
Question 6: What role does a store's 'incident report' play in a slip and fall claim?
- It legally bars further litigation if the plaintiff signed it
- It is evidence of notice and can document the conditions at the time of the fall (Correct answer)
- It automatically triggers the store's insurance payout
- It shifts liability from the store to the injured customer
Correct answer: It is evidence of notice and can document the conditions at the time of the fall
An incident report created at the time of the fall documents the conditions, the store's awareness, and witness information, making it a key piece of evidence in a premises liability claim.
Accident Lawyer Slip and Fall Accident Cases 1
What legal theory forms the basis of most slip and fall claims in the US?