Accident Lawyer Accident Legal Knowledge 3

Question 1

A store customer slips on a spill that employees ignored for two hours. Which legal theory most directly applies?

Accepted Answer

Premises liability based on constructive notice

Answer

A hazard left long enough that the owner should have discovered it creates constructive notice under premises liability.

Question 2

What is the effect of a signed liability waiver on a claim for gross negligence in most states?

Accepted Answer

Waivers generally do not bar claims for gross negligence

Answer

Most states hold that waivers can release ordinary negligence but not gross negligence or recklessness.

Question 3

In a rear-end collision, which presumption commonly applies?

Accepted Answer

The trailing driver is presumed negligent

Answer

Most jurisdictions presume the rear driver failed to maintain a safe following distance.

Question 4

What is 'subrogation' in the context of an accident settlement?

Accepted Answer

An insurer's right to recover amounts it paid from the at-fault party's recovery

Answer

Subrogation lets an insurer that paid benefits recoup those payments from the injured party's settlement or the at-fault party.

Question 5

A plaintiff's pre-existing back condition is worsened by a crash. Under the 'eggshell plaintiff' rule, the defendant is liable for what?

Accepted Answer

The full extent of the aggravation, even if unusually severe

Answer

The eggshell plaintiff rule makes defendants take victims as they find them, covering unusually severe aggravations.

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