Podcast
Questions and Answers
To establish a premises liability claim, we must prove the following: (Please match)
To establish a premises liability claim, we must prove the following: (Please match)
That defendant owned/leased/------/controlled the property = occupied That defendant was ----- in the use or maintenance of the property = negligent That the plaintiff was = harmed That defendant's negligence was a susbtancial ---- in causing plaintiff's harm = factor
A person who owns/leases/occupies/controls property is negligent if he or she falls to use _______ care to keep the property in a resaonably ______ condition.
A person who owns/leases/occupies/controls property is negligent if he or she falls to use _______ care to keep the property in a resaonably ______ condition.
- inteligent, nice
- reasonable, safe (correct)
- unreasonable, safe
- reasonable, clean
In deciding whether defendant used reasonable care, you may consider the following:
In deciding whether defendant used reasonable care, you may consider the following:
- What Justin thinks about the case
- The county/city the accident happened in
- Whether defendant knew or should have known of the condition that created the risk of harm (correct)
- If there was an incident report made
A person controls property that he/she does not own or lease when he/she uses the property as if it were his or her own
A person controls property that he/she does not own or lease when he/she uses the property as if it were his or her own
A person is responsible for maintaining in reasonably safe condition, all areas he/she controls.
A person is responsible for maintaining in reasonably safe condition, all areas he/she controls.
Even if an unsafe condition is obvious, the owner must warn others about the dangerous condition.
Even if an unsafe condition is obvious, the owner must warn others about the dangerous condition.
If an unsafe condition is obvious, the owner still must use reasonable care to pretect against the risk of harm if it is foreseeable that the condition may cause injury to someone
If an unsafe condition is obvious, the owner still must use reasonable care to pretect against the risk of harm if it is foreseeable that the condition may cause injury to someone
Defendant must make reasonable ________ of the property to discover _____ conditions.
Defendant must make reasonable ________ of the property to discover _____ conditions.
This is NOT a thing defendant should do when they discover dangerous conditions:
This is NOT a thing defendant should do when they discover dangerous conditions:
_____________ is a condition on the property that creates an unreasonable risk of harm.
_____________ is a condition on the property that creates an unreasonable risk of harm.
If the unsafe condition is obvious, defendant still must use ___________.
If the unsafe condition is obvious, defendant still must use ___________.
What should you ask your client during the first interview?
What should you ask your client during the first interview?
Which company can you run an insruance search with to know the owner and insruance carrier of a premise?
Which company can you run an insruance search with to know the owner and insruance carrier of a premise?
If you do not know the defendant's insurance yet, who should you sent the LOR and LOP to?
If you do not know the defendant's insurance yet, who should you sent the LOR and LOP to?
If the client does not have an incident report, you should tell them to go back to the store to try to do one.
If the client does not have an incident report, you should tell them to go back to the store to try to do one.
If the client has not gone to seek medical treatment, you should send them to the UC right away.
If the client has not gone to seek medical treatment, you should send them to the UC right away.
Pictures your client may take of the premise are not that important, you should always hire an expert
Pictures your client may take of the premise are not that important, you should always hire an expert
For slip and fall cases, clients should always store, save and send you a detailed picture of:
For slip and fall cases, clients should always store, save and send you a detailed picture of:
Flashcards
Premises Liability: Negligence
Premises Liability: Negligence
A person who owns/leases/occupies/controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.
Reasonable Care Determination
Reasonable Care Determination
When deciding whether a defendant used reasonable care, consider if the defendant knew or should have known of the condition that created a risk of harm.
Property Control
Property Control
True. A person controls property when they use it as if it were their own, even without owning or leasing it.
Responsibility for Controlled Areas
Responsibility for Controlled Areas
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Obvious Unsafe Conditions
Obvious Unsafe Conditions
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Duty to Inspect
Duty to Inspect
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What NOT to do with Hazards
What NOT to do with Hazards
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Unsafe Condition
Unsafe Condition
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Care Despite Obvious Risk
Care Despite Obvious Risk
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Initial Client Interview Questions
Initial Client Interview Questions
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Insurance Search Company
Insurance Search Company
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LOR and LOP When Insurance is Unknown
LOR and LOP When Insurance is Unknown
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Incident Report
Incident Report
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Seeking Medical Treatment
Seeking Medical Treatment
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Client Premise Pictures
Client Premise Pictures
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Shoes Picture
Shoes Picture
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