Premises Liability Case Analysis - Pre Litigation

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Questions and Answers

Which of the following is NOT a method to determine who owns, occupies, or controls a property?

  • Writing a letter
  • Calling the property tax office
  • Checking online social media profiles (correct)
  • Searching public records

What type of request can be made to obtain ownership and easement documents for a property?

  • Personal Inquiry Request
  • Act Request/FOIA Request (correct)
  • Private Information Request
  • Public Service Application

Which of the following entities is typically NOT considered a potential defendant in a premises liability case?

  • Homeowner
  • Business Owner
  • Automobile driver (correct)
  • Store

Under premises liability law, which of the following is an example of control over a property?

<p>Who inspects it (A)</p> Signup and view all the answers

What duty does a defendant owe according to the case Brooks v. Eugene Burger Management Corp.?

<p>A duty to exercise ordinary care in the management of property (B)</p> Signup and view all the answers

According to the "Hierarchy of Safety Controls," which of the following is the LEAST effective method of control?

<p>Warn (C)</p> Signup and view all the answers

What is the general rule regarding the duty to take affirmative action to protect another person?

<p>There is no duty to take affirmative action unless there is a special relationship. (B)</p> Signup and view all the answers

In premises liability, what does the 'open and obvious' defense imply?

<p>The hazardous condition was so apparent that it served as its own warning. (B)</p> Signup and view all the answers

Under what circumstances might a landowner be held liable for the criminal conduct of third parties on their land?

<p>If the criminal conduct was foreseeable and there were no security measures. (B)</p> Signup and view all the answers

What type of notice is considered actual in premises liability cases?

<p>Evidence the defendant created the dangerous condition. (B)</p> Signup and view all the answers

Which of the following is a consideration for private premises liability?

<p>The presence of a 'PRIVATE PROPERTY' sign. (C)</p> Signup and view all the answers

What is the timeframe for filing a lawsuit against a public entity after claim rejection?

<p>Within six months of the rejection of the claim. (C)</p> Signup and view all the answers

In a slip and fall case where the client fell near the checkout line due to water on the floor, which of the following could also be a potential factor in the case?

<p>Leaking refrigerator (C)</p> Signup and view all the answers

Why is it important to preserve shoes and clothes in a premises liability case?

<p>To prevent mildew and to use as evidence for experts to test (B)</p> Signup and view all the answers

What is the significance of an informal scene inspection in a public space for premises liability?

<p>It should be done immediately and does not require notification. (B)</p> Signup and view all the answers

What should be done if a client slipped and fell at a private property like a restaurant?

<p>An immediate scene inspection should be conducted before evidence is lost. (B)</p> Signup and view all the answers

Which of the following is a crucial step to take when preserving evidence in a premises liability case?

<p>Send a 'Preservation of Evidence' letter as soon as possible. (A)</p> Signup and view all the answers

When filing and serving a complaint for a premises liability case, which of the following is a correct method?

<p>Use a judicial council form and serve to the Agent for Service of Process. (C)</p> Signup and view all the answers

What is the purpose of an informal scene inspection in a public space for premises liability?

<p>To gather evidence before it is disturbed (C)</p> Signup and view all the answers

What is the importance of sending a 'Preservation of Evidence' letter in a premises liability case?

<p>To ensure evidence is maintained in its current state (B)</p> Signup and view all the answers

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