Accident Lawyer Accident Prevention And Reporting 4 — Questions and Answers
Question 1: In many states, NTSB and similar official probable-cause conclusions are treated how in civil injury litigation?
- The probable-cause determination itself is generally inadmissible (Correct answer)
- They are binding on the jury
- They can only be used by the defense
- They automatically establish negligence per se
Correct answer: The probable-cause determination itself is generally inadmissible
By statute, NTSB probable-cause reports are generally inadmissible in civil damage suits, though factual portions may come in.
Question 2: A client was injured at work but waited three weeks to notify the employer. What is the biggest risk to their workers' compensation claim?
- Transfer of the claim to federal court
- Denial or reduction for failing to give timely notice under state law (Correct answer)
- Loss of the right to hire an attorney
- Automatic criminal liability
Correct answer: Denial or reduction for failing to give timely notice under state law
Most states require prompt notice, often within about 30 days, and late notice can jeopardize benefits.
Question 3: Which hazard-control measure sits at the top of the hierarchy of controls used in accident prevention?
- Personal protective equipment
- Safety training
- Warning signs
- Elimination of the hazard (Correct answer)
Correct answer: Elimination of the hazard
The hierarchy of controls ranks elimination as the most effective measure, with PPE as the last resort.
Question 4: Why is a defendant's post-accident repair of a hazard (subsequent remedial measure) generally excluded from evidence to prove negligence?
- Repairs are always irrelevant to any issue
- The repair proves the plaintiff assumed the risk
- Courts want to encourage safety improvements without fear of admission of fault (Correct answer)
- Only OSHA may introduce repair evidence
Correct answer: Courts want to encourage safety improvements without fear of admission of fault
Evidence rules exclude subsequent remedial measures to avoid discouraging safety fixes, though exceptions exist for ownership or feasibility.
Question 5: A hit-and-run driver leaves the scene of an injury accident. Beyond criminal charges, how can this affect a later civil case?
- It has no effect on the civil case
- It transfers liability to the vehicle manufacturer
- It bars the victim from suing
- Fleeing can support consciousness of fault and possibly punitive damages (Correct answer)
Correct answer: Fleeing can support consciousness of fault and possibly punitive damages
Leaving the scene can be argued as evidence of consciousness of fault and egregious conduct supporting punitive damages.
Question 6: What is the main function of a Form 301 (or equivalent) incident report under OSHA recordkeeping?
- It documents the details of each individual recordable injury or illness (Correct answer)
- It summarizes annual company revenue
- It registers the company with OSHA
- It certifies employee training completion
Correct answer: It documents the details of each individual recordable injury or illness
OSHA Form 301 is the individual incident report completed for each recordable injury or illness.
Question 7: A property owner learns of a broken stair from a tenant complaint but makes no repair or warning before a guest falls. The complaint record primarily helps prove what?
- Actual notice of the dangerous condition (Correct answer)
- An act of God defense
- Lack of duty to invitees
- The guest's comparative fault
Correct answer: Actual notice of the dangerous condition
A documented complaint shows the owner actually knew of the hazard before the injury.
Accident Lawyer Accident Prevention And Reporting 4
In many states, NTSB and similar official probable-cause conclusions are treated how in civil injury litigation?