accident attorney Slip and Fall and Premises Liability 2 — Questions and Answers
Question 1: What is 'negligent security' in premises liability law?
- Liability of a property owner for foreseeable criminal acts against visitors due to inadequate security measures (Correct answer)
- A claim against a security guard for assault
- Failure to post proper warning signs
- Government liability for inadequate police response
Correct answer: Liability of a property owner for foreseeable criminal acts against visitors due to inadequate security measures
Negligent security claims arise when a property owner knew or should have known of a foreseeable risk of crime (from prior incidents) and failed to provide adequate lighting, locks, security personnel, or cameras.
Question 2: Who has the burden of proof in a slip-and-fall premises liability case?
- The plaintiff bears the burden of proving all elements of negligence by a preponderance of the evidence (Correct answer)
- The property owner bears the burden of proving the premises were safe
- The burden shifts to the property owner once the plaintiff proves a fall occurred
- Both parties share equal burden of proof
Correct answer: The plaintiff bears the burden of proving all elements of negligence by a preponderance of the evidence
As in all negligence cases, the plaintiff must affirmatively prove each element — duty, breach, causation, and damages — by a preponderance of the evidence.
Question 3: What is 'comparative fault' and how does it apply in a slip-and-fall where the plaintiff was also distracted?
- The plaintiff's recovery is reduced by their percentage of fault for failing to watch where they were walking (Correct answer)
- The plaintiff cannot recover if they were using a phone while walking
- Distraction is always a complete defense for property owners
- Fault is split equally between distracted plaintiff and negligent owner
Correct answer: The plaintiff's recovery is reduced by their percentage of fault for failing to watch where they were walking
In comparative fault states, a jury assigns percentages of fault to both the plaintiff (for being distracted) and defendant (for the hazard) — the plaintiff's recovery is reduced proportionally by their share.
Question 4: What types of evidence are most critical in a slip-and-fall case?
- Surveillance video, incident reports, maintenance logs, prior complaint records, and witness testimony about the condition and duration (Correct answer)
- Only the plaintiff's medical records
- Expert testimony about building codes only
- The defendant's financial records
Correct answer: Surveillance video, incident reports, maintenance logs, prior complaint records, and witness testimony about the condition and duration
Surveillance footage showing how long a hazard existed, incident reports documenting prior falls, and maintenance logs proving inspection failures are the most powerful evidence in slip-and-fall cases.
Question 5: What is a 'notice of claim' requirement and which entities require it in personal injury cases?
- Government entities (cities, counties, state agencies) require formal written notice within a short period (30–180 days) before a lawsuit can be filed (Correct answer)
- All personal injury defendants require a notice of claim
- Notice of claim applies only in federal court
- Insurance companies require notice of claim before adjusting any loss
Correct answer: Government entities (cities, counties, state agencies) require formal written notice within a short period (30–180 days) before a lawsuit can be filed
Governmental immunity statutes require timely filing of a notice of claim as a condition precedent to suing a government entity; missing the deadline (often 90–180 days) permanently bars the suit.
Question 6: What is the 'reasonable care' standard applied to property owners in premises liability cases?
- A property owner must act as a reasonably prudent property owner would under similar circumstances to maintain the property and protect visitors (Correct answer)
- A property owner must guarantee no visitor is ever injured
- Property owners are strictly liable for all injuries on their premises
- The standard is set by local building codes exclusively
Correct answer: A property owner must act as a reasonably prudent property owner would under similar circumstances to maintain the property and protect visitors
The reasonable care standard is objective — judged against what a reasonable property owner would do, not the specific owner's subjective judgment or financial resources.
accident attorney Slip and Fall and Premises Liability 2
What is 'negligent security' in premises liability law?