Premises Liability Case Analysis

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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?

Who inspects it Signup and view all the answers

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

A duty to exercise ordinary care in the management of property Signup and view all the answers

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

Warn Signup and view all the answers

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

There is no duty to take affirmative action unless there is a special relationship. Signup and view all the answers

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

The hazardous condition was so apparent that it served as its own warning. 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?

If the criminal conduct was foreseeable and there were no security measures. Signup and view all the answers

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

Evidence the defendant created the dangerous condition. Signup and view all the answers

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

The presence of a 'PRIVATE PROPERTY' sign. Signup and view all the answers

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

Within six months of the rejection of the claim. 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?

Leaking refrigerator Signup and view all the answers

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

To prevent mildew and to use as evidence for experts to test Signup and view all the answers

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

It should be done immediately and does not require notification. Signup and view all the answers

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

An immediate scene inspection should be conducted before evidence is lost. Signup and view all the answers

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

Send a 'Preservation of Evidence' letter as soon as possible. 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?

Use a judicial council form and serve to the Agent for Service of Process. Signup and view all the answers

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

To gather evidence before it is disturbed Signup and view all the answers

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

To ensure evidence is maintained in its current state Signup and view all the answers

Premises Liability Case Analysis - Pre Litigation

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