Investigation, Research and Analysis of Cases

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

That the defendant was negligent in property use or maintenance. Signup and view all the answers

What constitutes a breach of duty by a property owner?

Failing to use ordinary care to avoid injury. Signup and view all the answers

In a negligence claim, what is required to prove causation?

The breach of duty must be a substantial factor in causing harm. Signup and view all the answers

What are the essential factual elements necessary to prove negligence?

The defendant must have had knowledge about a dangerous condition. Signup and view all the answers

What must be true for a property condition to be considered negligent?

It creates an unreasonable risk of harm that the owner knew or should have known about. Signup and view all the answers

Which of the following is NOT a factor in determining if a property owner was negligent?

The property owner's history of previous claims. Signup and view all the answers

Who bears the burden of proof for establishing damages in a negligence case?

The plaintiff must prove all damages legally flowing from the defendant's negligence. Signup and view all the answers

Which among the following is a key characteristic of “Disputed Liability” cases?

They require further explanation and argumentation Signup and view all the answers

How can non-legally binding information be used in support of counter-arguments?

It can be presented to emphasize negligence. Signup and view all the answers

What is the best approach to using keywords for liability research?

Experiment with synonyms and refine searches progressively. Signup and view all the answers

Which is NOT a recommended source for supporting arguments in liability sections?

Unverified opinions from social media. Signup and view all the answers

What is a crucial step when addressing Disputed Liability cases?

Deconstruct the opposing party’s rationale for rejecting liability. Signup and view all the answers

What is the primary role of an accident reconstructionist?

To analyze the sequence of events and factors leading to an accident Signup and view all the answers

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?

Premises liability expert Signup and view all the answers

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?

Trucking expert Signup and view all the answers

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?

Life care planner Signup and view all the answers

What major is typically associated with experts who analyze human errors and cognitive limitations in accidents?

Psychology Signup and view all the answers

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.

True Signup and view all the answers

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?

Economist Signup and view all the answers

When should expert reports be finalized and thoroughly reviewed before submission?

Before submission to avoid discrepancies and damage to credibility Signup and view all the answers

Disclosing expert reports early in pre-litigation can strengthen your case by ensuring that the evidence is in the public record.

False Signup and view all the answers

Which of the following statements is a best practice for using expert reports?

Ensure expert findings are backed by solid data and research Signup and view all the answers

What information is usually found on the "Basic Information/1st" page of a Traffic Collision Report?

City or county, vehicle direction, and speed limit Signup and view all the answers

What is typically included on the "Collision Factors/2nd" page?

Citation given, phone usage, collision type, and road conditions Signup and view all the answers

Where can the direction of the streets be found in a Traffic Collision Report?

On the Basic Information page and the diagram page Signup and view all the answers

What can the officer's written report provide that is particularly useful?

Assessment of liability and detailed damage descriptions Signup and view all the answers

If there are no pictures of the scene available, what part of the Traffic Collision Report becomes critical?

Police Officer’s Written Report Signup and view all the answers

Can TCRs be amended?

Yes, but it takes a significant amount of time Signup and view all the answers

What is the purpose of the regulation “Right-of-Way at Intersections”?

To determine which vehicle or pedestrian has the legal right to proceed first. Signup and view all the answers

Under the “Basic Speed Law,” drivers must:

Adjust their speed based on road, weather, and traffic conditions. Signup and view all the answers

Crossing double yellow lines is most likely a violation in which scenario?

Turning left into a marked parking lot. Signup and view all the answers

Under the rule “Distracted Driving,” which action is considered illegal?

Texting or holding a phone while driving. Signup and view all the answers

The regulation “Following Too Closely” addresses which behavior?

Maintaining insufficient distance between vehicles. Signup and view all the answers

When is crossing double yellow lines allowed under the rule “Driving to the Left of Double Parallel Solid Yellow Lines”?

To make a legal U-turn or enter a driveway. Signup and view all the answers

What does the “Unsafe Lane Changes” rule require drivers to do?

Signal before changing lanes and ensure the move can be made safely. Signup and view all the answers

Under the “Right-of-Way at Crosswalks” rule, a driver who encounters a pedestrian in an unmarked crosswalk must:

Stop and yield to the pedestrian. Signup and view all the answers

What does the “Vehicle Equipment Requirements” rule ensure?

That vehicles are equipped with functioning safety features like brakes and lights. Signup and view all the answers

What evidence would support a claim under the “Basic Speed Law”?

A weather report showing poor visibility at the time of the incident. Signup and view all the answers

What does the "mechanism of injury" refer to?

The circumstances or way in which a person sustains an injury Signup and view all the answers

What does trauma/impact in personal injury cases mean?

The transfer of energy (force) to the body from an outside source Signup and view all the answers

In what way should body parts be described in a demand?

Specific, but not overly technical terminology Signup and view all the answers

What other factors can influence the severity of injuries?

All of the above. Signup and view all the answers

Why is it essential to counter defense arguments with the mechanism of injury?

To challenge causation and build credibility Signup and view all the answers

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)

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.

Investigation, Research and Analysis of Cases - Quiz

Choose a study mode