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CALAA: Basic training for premises liability cases
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CALAA: Basic training for premises liability cases

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Questions and Answers

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.

  • inteligent, nice
  • reasonable, safe (correct)
  • unreasonable, safe
  • reasonable, clean
  • 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

    <p>True</p> Signup and view all the answers

    A person is responsible for maintaining in reasonably safe condition, all areas he/she controls.

    <p>True</p> Signup and view all the answers

    Even if an unsafe condition is obvious, the owner must warn others about the dangerous condition.

    <p>False</p> Signup and view all the answers

    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

    <p>True</p> Signup and view all the answers

    Defendant must make reasonable ________ of the property to discover _____ conditions.

    <p>inspections, unsafe</p> Signup and view all the answers

    This is NOT a thing defendant should do when they discover dangerous conditions:

    <p>Ignore</p> Signup and view all the answers

    _____________ is a condition on the property that creates an unreasonable risk of harm.

    <p>Unsafe</p> Signup and view all the answers

    If the unsafe condition is obvious, defendant still must use ___________.

    <p>Reasonable care</p> Signup and view all the answers

    What should you ask your client during the first interview?

    <p>Drill every detail of the accident; clothing and shoes; weather conditions, witnesses, photographs, injury photographs, possible video evidence, scene pictures, background, medical history, warn the client not to post in social media</p> Signup and view all the answers

    Which company can you run an insruance search with to know the owner and insruance carrier of a premise?

    <p>USA express</p> Signup and view all the answers

    If you do not know the defendant's insurance yet, who should you sent the LOR and LOP to?

    <p>Defendant itself and premise directly</p> Signup and view all the answers

    If the client does not have an incident report, you should tell them to go back to the store to try to do one.

    <p>True</p> Signup and view all the answers

    If the client has not gone to seek medical treatment, you should send them to the UC right away.

    <p>True</p> Signup and view all the answers

    Pictures your client may take of the premise are not that important, you should always hire an expert

    <p>False</p> Signup and view all the answers

    For slip and fall cases, clients should always store, save and send you a detailed picture of:

    <p>The shoes they wore during the accident</p> Signup and view all the answers

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