Slip and Fall and Premises Liability Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Slip and Fall and Premises Liability flashcards as text
What is 'dram shop' liability and how does it relate to accident attorney practice?
Answer: Liability of a bar, restaurant, or liquor store that over-serves alcohol to a visibly intoxicated person who then injures a third party
Most states have dram shop acts creating a cause of action against commercial alcohol vendors who serve visibly intoxicated patrons or minors who then cause injury to others in car accidents or assaults.
What is 'social host liability' in alcohol-related accident cases?
Answer: Liability of a private individual who furnishes alcohol to a guest who then injures a third party
Unlike commercial dram shop liability, social host liability (recognized in some states) can make a party host liable for serving alcohol to a guest who later causes an injury, particularly when serving minors.
What is 'product liability' and how can it arise in an accident attorney case?
Answer: Liability of a manufacturer or seller for injuries caused by a defective product, including defective car components that cause or worsen accident injuries
In accident cases, product liability (strict liability or negligence) may apply against auto manufacturers for defective brakes, airbags, tires, or seatbelts that caused or enhanced injuries.
What is 'governmental immunity' and how does it affect accident claims against public entities?
Answer: Sovereign immunity doctrines limit or bar suits against government entities, which have partially waived immunity through statutes like the Federal Tort Claims Act
Federal and state governments have limited their sovereign immunity through tort claims acts, but procedural hurdles (notice of claim, limited recovery, discretionary function exceptions) make government injury claims more complex.
What is 'vicarious liability' and how does it apply when an employee causes a car accident?
Answer: An employer is vicariously liable for an employee's negligent driving when the accident occurs within the scope of employment
When an employee driving a company vehicle or driving for work purposes causes an accident, the employer is liable under respondeat superior for all resulting injuries — often a key avenue to deeper-pocketed defendants.
What is 'third-party liability' in the context of a workers' compensation injury that is also a car accident?
Answer: The injured worker can pursue both a workers' compensation claim against the employer AND a personal injury lawsuit against the at-fault third-party driver
When an employee is injured on the job by a third party's negligence (e.g., a car accident while making deliveries), they can collect workers' comp benefits and also sue the at-fault third party for full damages.