Podcast
Questions and Answers
What is the legal stance on defects that are considered 'trivial'?
What is the legal stance on defects that are considered 'trivial'?
- Property owners are liable for all defects, trivial or not.
- A property owner is not liable for damages from a minor defect. (correct)
- Property owners can be held liable only if the defect is significant.
- Surrounding circumstances do not need to be considered to determine triviality.
Under what circumstances may a property owner still have a duty to warn despite a condition being open and obvious?
Under what circumstances may a property owner still have a duty to warn despite a condition being open and obvious?
- If the property owner is aware of the condition.
- If the condition is small enough.
- If the condition poses a serious risk to life.
- If the individual is distracted by the condition. (correct)
In assessing whether a defect is actionable, which factor should be taken into account?
In assessing whether a defect is actionable, which factor should be taken into account?
- The severity of previous incidents related to the defect.
- All surrounding circumstances in addition to size. (correct)
- The overall appearance of the land.
- Only the size of the defect.
What must a plaintiff prove to establish a claim of negligence against a property owner?
What must a plaintiff prove to establish a claim of negligence against a property owner?
What constitutes a breach of duty by a property owner?
What constitutes a breach of duty by a property owner?
In a negligence claim, what is required to prove causation?
In a negligence claim, what is required to prove causation?
What are the essential factual elements necessary to prove negligence?
What are the essential factual elements necessary to prove negligence?
What must be true for a property condition to be considered negligent?
What must be true for a property condition to be considered negligent?
Which of the following is NOT a factor in determining if a property owner was negligent?
Which of the following is NOT a factor in determining if a property owner was negligent?
Who bears the burden of proof for establishing damages in a negligence case?
Who bears the burden of proof for establishing damages in a negligence case?
Which among the following is a key characteristic of “Disputed Liability” cases?
Which among the following is a key characteristic of “Disputed Liability” cases?
How can non-legally binding information be used in support of counter-arguments?
How can non-legally binding information be used in support of counter-arguments?
What is the best approach to using keywords for liability research?
What is the best approach to using keywords for liability research?
Which is NOT a recommended source for supporting arguments in liability sections?
Which is NOT a recommended source for supporting arguments in liability sections?
What is a crucial step when addressing Disputed Liability cases?
What is a crucial step when addressing Disputed Liability cases?
What is the primary role of an accident reconstructionist?
What is the primary role of an accident reconstructionist?
Which type of expert would be best suited to evaluate whether a building’s design contributed to an injury caused by a slip and fall?
Which type of expert would be best suited to evaluate whether a building’s design contributed to an injury caused by a slip and fall?
Case Example: In an accident, the defendant's semi-truck failed to comply with hours-of-service regulations, leading to a crash. The Plaintiff claims the truck driver’s fatigue caused the crash. Which expert would analyze the driver's compliance with trucking regulations?
Case Example: In an accident, the defendant's semi-truck failed to comply with hours-of-service regulations, leading to a crash. The Plaintiff claims the truck driver’s fatigue caused the crash. Which expert would analyze the driver's compliance with trucking regulations?
Which of the following experts would be most helpful in determining the future medical costs and care for a client who sustained catastrophic injuries in an accident?
Which of the following experts would be most helpful in determining the future medical costs and care for a client who sustained catastrophic injuries in an accident?
What major is typically associated with experts who analyze human errors and cognitive limitations in accidents?
What major is typically associated with experts who analyze human errors and cognitive limitations in accidents?
Biomechanical experts analyze how the forces involved in an accident affect the human body and determine whether injury severity is consistent with the forces involved.
Biomechanical experts analyze how the forces involved in an accident affect the human body and determine whether injury severity is consistent with the forces involved.
Case Example: A Plaintiff was injured in a car accident and suffered a traumatic brain injury. Which type of expert would be the most appropriate to evaluate the Plaintiff’s loss of earning capacity due to his or her TBI?
Case Example: A Plaintiff was injured in a car accident and suffered a traumatic brain injury. Which type of expert would be the most appropriate to evaluate the Plaintiff’s loss of earning capacity due to his or her TBI?
When should expert reports be finalized and thoroughly reviewed before submission?
When should expert reports be finalized and thoroughly reviewed before submission?
Disclosing expert reports early in pre-litigation can strengthen your case by ensuring that the evidence is in the public record.
Disclosing expert reports early in pre-litigation can strengthen your case by ensuring that the evidence is in the public record.
Which of the following statements is a best practice for using expert reports?
Which of the following statements is a best practice for using expert reports?
What information is usually found on the "Basic Information/1st" page of a Traffic Collision Report?
What information is usually found on the "Basic Information/1st" page of a Traffic Collision Report?
What is typically included on the "Collision Factors/2nd" page?
What is typically included on the "Collision Factors/2nd" page?
Where can the direction of the streets be found in a Traffic Collision Report?
Where can the direction of the streets be found in a Traffic Collision Report?
What can the officer's written report provide that is particularly useful?
What can the officer's written report provide that is particularly useful?
If there are no pictures of the scene available, what part of the Traffic Collision Report becomes critical?
If there are no pictures of the scene available, what part of the Traffic Collision Report becomes critical?
Can TCRs be amended?
Can TCRs be amended?
What is the purpose of the regulation “Right-of-Way at Intersections”?
What is the purpose of the regulation “Right-of-Way at Intersections”?
Under the “Basic Speed Law,” drivers must:
Under the “Basic Speed Law,” drivers must:
Crossing double yellow lines is most likely a violation in which scenario?
Crossing double yellow lines is most likely a violation in which scenario?
Under the rule “Distracted Driving,” which action is considered illegal?
Under the rule “Distracted Driving,” which action is considered illegal?
The regulation “Following Too Closely” addresses which behavior?
The regulation “Following Too Closely” addresses which behavior?
When is crossing double yellow lines allowed under the rule “Driving to the Left of Double Parallel Solid Yellow Lines”?
When is crossing double yellow lines allowed under the rule “Driving to the Left of Double Parallel Solid Yellow Lines”?
What does the “Unsafe Lane Changes” rule require drivers to do?
What does the “Unsafe Lane Changes” rule require drivers to do?
Under the “Right-of-Way at Crosswalks” rule, a driver who encounters a pedestrian in an unmarked crosswalk must:
Under the “Right-of-Way at Crosswalks” rule, a driver who encounters a pedestrian in an unmarked crosswalk must:
What does the “Vehicle Equipment Requirements” rule ensure?
What does the “Vehicle Equipment Requirements” rule ensure?
What evidence would support a claim under the “Basic Speed Law”?
What evidence would support a claim under the “Basic Speed Law”?
What does the "mechanism of injury" refer to?
What does the "mechanism of injury" refer to?
What does trauma/impact in personal injury cases mean?
What does trauma/impact in personal injury cases mean?
In what way should body parts be described in a demand?
In what way should body parts be described in a demand?
What other factors can influence the severity of injuries?
What other factors can influence the severity of injuries?
Why is it essential to counter defense arguments with the mechanism of injury?
Why is it essential to counter defense arguments with the mechanism of injury?
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Study Notes
Premises Liability
- Definition: An owner, occupier, or lessor of land and premises can be liable for dangerous conditions on the premises, whether natural or artificial. (Restatement [Second] of Torts, § 422; CACI 1003)
Duty of Care
- Standard: The owner/occupier/lessor has a duty to exercise ordinary care (care persons of ordinary prudence would use) to avoid exposing others to unreasonable risks of harm.
- Statutory Authority: (RESTATEMENT (SECOND) OF TORTS, § 343); Rowland v. Christian, 69 Cal. 2d 108 (1968), CACI 1001
Breach of Duty
- Failing to Use Ordinary Care: The owner, occupier, or lessor breaches duty when they fail to use ordinary care to prevent harm to themselves or others under similar circumstances.
Causation
- Substantial Factor: To succeed in a claim, the plaintiff must prove that the defendant's breach of duty was a substantial factor in causing the injury, damage, loss, or harm. (Mitchell v. Gonzales, 54 Cal. 3d 1041 (1991); CACI 430)
Damages
- Burden of Proof: The plaintiff bears the burden of proving all damages legally resulting from the defendant's negligence. (Civil Code §§ 1714, 3333; CACI 201)
CACI No. 1000: Essential Factual Elements
- Elements to Prove a Claim: To establish a premises liability claim, the plaintiff must prove:
- The defendant owned, leased, occupied, or controlled the property.
- The defendant was negligent in the use or maintenance of the property.
- The plaintiff suffered harm.
- The defendant's negligence was a substantial factor in causing the plaintiff's harm.
CACI No. 1003: Unsafe Conditions
- Negligence Conditions: A property owner is negligent if:
- A condition on the property created an unreasonable risk of harm.
- The owner knew or, through reasonable care, should have known about this condition.
- The owner failed to repair the condition, protect against harm from the condition, or give adequate warning.
Defenses
Open and Obvious Conditions
- No Duty to Warn: There is no duty to warn of open and obvious conditions. (Flores v. Groum Development Co., 53 C. 2d 347 (1959); Craddock v. Kmart Corporation, 89 Cal. App. 4th 1300 (2001)) Exceptions apply if the person was distracted.
Trivial Defect
- No Liability for Minor Defects: Property owners are not liable for damages arising from minor, trivial, or insignificant defects. (Whiting v. National City, 9 Cal. 2d 163 (1937)) The surrounding circumstances must be considered to decide if it was a trivial defect.
Recreational Immunity
- No Liability for Uninvited Visitors: Defendant is immune from claims related to dangerous conditions if the plaintiff entered the land uninvited and without paying for recreational purposes, unless the defendant acted willfully or maliciously. (Manuel v. PG&E, 173 Cal. App. 4th 927 (2009); Civil Code § 846)
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Description
This quiz covers essential concepts on how the office, especially the Demand Team, investigates, researches, and analyzes our cases, which include but are not limited to reading collision reports, policy handbooks, and expert documents.
