Accident Lawyer Slip and Fall Accident Cases

Question 1

What legal theory forms the basis of most slip and fall claims in the US?

Accepted Answer

Premises liability based on negligence

Answer

Strict liability

Answer

Intentional tort

Answer

Products liability

Question 2

What three categories of visitors does premises liability law traditionally use to determine duty of care?

Accepted Answer

Invitees, licensees, and trespassers

Answer

Guests, strangers, and trespassers

Answer

Customers, employees, and contractors

Answer

Adults, minors, and persons with disabilities

Question 3

What must a plaintiff typically prove in a store slip and fall case?

Accepted Answer

That a dangerous condition existed and the store knew or should have known about it and failed to remediate it

Answer

That the store was open to the public

Answer

That the plaintiff was wearing appropriate footwear

Answer

That the store had prior lawsuits for the same type of accident

Question 4

What is 'constructive notice' in a slip and fall case?

Accepted Answer

Knowledge the property owner is deemed to have because the hazard existed long enough to be discovered with reasonable inspection

Answer

A notice posted on the store's website about potential hazards

Answer

A formal written notice sent to the property owner after the accident

Answer

Notice of a lawsuit delivered by a process server

Question 5

What is an 'open and obvious' hazard defense in a slip and fall case?

Accepted Answer

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

Answer

A defense that the property owner posted obvious warning signs

Answer

A defense available only in cases involving outdoor hazards

Answer

A defense requiring the plaintiff to prove the hazard was hidden

Question 6

What role does a store's 'incident report' play in a slip and fall claim?

Accepted Answer

It is evidence of notice and can document the conditions at the time of the fall

Answer

It legally bars further litigation if the plaintiff signed it

Answer

It automatically triggers the store's insurance payout

Answer

It shifts liability from the store to the injured customer