Negligence Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What defenses might a property owner use in a slip-and-fall case?
Common defenses include arguing the injured person was not careful (e.g., wearing improper footwear, running, or being distracted), that the hazardous condition was “open and obvious,“ or that a severe, ongoing storm made timely removal impossible. They may also argue the person was trespassing or that they took adequate steps, like applying salt, but the weather overwhelmed those efforts. The core defense is that the owner acted reasonably given the circumstances.
Can We Be Liable for an Employee We Shouldn’t Have Hired?
Yes, this is “negligent hiring” liability. It applies when an employer fails to conduct a reasonable background check for a position, hires someone obviously unfit, and that person then causes harm. If a school hires a bus driver without checking their driving record, which reveals multiple DUIs, and the driver then causes a crash, the school is liable. The harm must be related to the risk the background check should have uncovered. The key is the employer’s careless hiring decision.
How is fault determined in a slip and fall case?
Fault hinges on whether the property owner knew or should have known about the hazard and failed to act reasonably. Evidence is critical: How long was the spill there? Were there prior complaints? Was a inspection schedule followed? The injured person’s own carelessness is also considered. If someone was texting and not looking where they were going, they may share fault. The outcome often depends on which party’s negligence was the primary cause of the fall.
What if the broken condition was obvious? Does that matter?
An obvious hazard does not automatically relieve the owner of responsibility. The law still expects them to fix it within a reasonable time. However, for visitors like social guests, the fact that a danger was “open and obvious” can be a factor in determining liability. For tenants or business invitees (like customers), the owner’s duty is higher. Even if a broken step is obvious, the owner likely still has a responsibility to repair it to prevent an accident.
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