Accident Lawyer Slip and Fall Accident Cases 1

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

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?

Accepted Answer

Invitees, licensees, and trespassers

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

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

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.

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Accident Lawyer Slip and Fall Accident Cases 1