Premises Liability

• Author: Kevin R. Culhane
• Pages: 213-249

5-213

Chapter 5

Premises Liability

§500 Elements of Plaintiff’s Cause of Action

§510 Definitions

§520 Occurrence Interrogatories

§530 Plaintiff’s Status on Premises

§540 Information Regarding the Premises

§550 Knowledge of Dangerous Condition

§560 Affirmative Defenses and Denials; Admissions

§570 Investigatory Interrogatories

§580 Insurance

§590 Due Diligence in Preparation of Response

§595 Deposition Checklists

§500 Elements of Plaintiff’s Cause of Action

§510 Definitions

§520 Occurrence Interrogatories

§521 Plaintiff to Defendant

§521.1 Knowledge of Incident

§521.2 Details of Occurrence

§521.3 Injuries to Plaintiff

§522 Defendant to Plaintiff

§522.1 Knowledge of Incident

§522.2 Details of Occurrence

§522.3 Injuries to Plaintiff

§530 Plaintiff’s Status on Premises

§531 Plaintiff to Defendant

§531.1 Defendant’s Contentions re: Status

§531.2 Plaintiff as Invitee

§531.3 Plaintiff as Licensee

§531.4 Plaintiff as Trespasser

§531.5 Plaintiff Exceeding Scope of Invitation

§531.6 Known Trespasser

§531.7 Defendant’s Efforts to Warn of Danger

§531.8 Defective Premises - Obvious Danger

§532 Defendant to Plaintiff

§532.1 Plaintiff’s Contentions re Status

§532.2 Plaintiff as Invitee

§532.3 Plaintiff as Licensee

Model InterrogatorIes 5-214

§532.4 Plaintiff as Trespasser

§532.5 Plaintiff Exceeding Scope of Invitation

§532.6 Known Trespasser

§532.7 Defendant’s Efforts to Warn of Danger

§532.8 Defective Premises - Obvious Danger

§540 Information Regarding the Premises

§541 Ownership and Maintenance

§542 Identification of Defendant/Business Status

§543 Description and Construction

§543.1 General Description of Premises

§543.2 Original Construction

§544 Condition of Premises

§544.1 In General

§544.2 Lighting

§544.3 Obstructions to Vision

§544.4 Distractions to Vision

§544.5 Weather Conditions

§550 Knowledge of Dangerous Condition

§551 Plaintiff to Defendant

§551.1 In General

§551.2 Inherent Dangers and Imputed Notice

§551.3 Circumstantial Notice (Subsequent Repairs)

§551.4 Inspection of Premises

§551.5 Prior Warnings

§551.6 Notice of Safety Code Violations

§551.7 Defendant’s Contentions - Negligence Per Se

§551.8 Attractive Nuisance

§551.9 Criminal Assault by Third Person

§551.10 Causation in Criminal Assault Cases

§552 Defendant to Plaintiff

§552.1 In General

§552.2 Circumstantial Notice (Subsequent Repairs)

§552.3 Inspection of Premises

§552.4 Prior Warnings

§552.5 Notice of Safety Code Violations

§552.6 Attractive Nuisance

§552.7 Criminal Assault by Third Person

§552.8 Causation in Criminal Assault Cases

§560 Affirmative Defenses and Denials; Admissions

§560.1 Defendant’s Contentions

§560.2 Defendant’s Contentions - Warning of Dangerous Conditions

§560.3 Plaintiff’s Conduct

§560.4 Alcohol and Drugs

§560.5 Admissions

§560.6 Governmental Immunities

§570 Investigatory Interrogatories

§571 Required Reporting

§572 Investigation of Plaintiff

§573 Photographs, Charts and Physical Evidence

§574 Prior Accidents

§575 Witnesses

§576 Expert Identification

§580 Insurance

§581 Tender of Defense/Indemnity

5-215 PreMIses lIabIlIty §500

§590 Due Diligence in Preparation of Response

§595 Deposition Checklists

§596 Deposition of Defendant

§596.1 General Background

§596.2 Facts Pertaining to Accident

§596.3 Information Regarding Premises

§596.4 Plaintiff’s Status on Premises

§596.5 Defendant’s Knowledge of Dangerous Condition

§596.6 Statements by Parties, Witnesses

§596.7 Photographs re Injuries

§596.8 Surveillance Conducted by Opposing Party

§596.9 Insurance

§597 Deposition of Plaintiff

§597.1 General Background

§597.2 Information Regarding Premises

§597.3 Information Regarding Plaintiff’s Status on Premises

§597.4 Plaintiff’s Contentions re Defendant’s Alleged Knowledge of Dangerous Condition

§597.5 Facts Pertaining to Incident

§597.6 Plaintiff’s Injuries and Treatment

§597.7 Plaintiff’s Economic Damages

§597.8 Plaintiff’s General Damages

§597.9 Statements by Parties, Witnesses

§597.10 Photographs re Injuries

§597.11 Surveillance Conducted by Opposing Party

§597.12 Insurance

§500 Elements of Plaintiff’s Cause of Action

Premises liability is liability that attaches for injuries caused by the dangerous condition of property owned or

maintained by another. The basic concepts discussed in this chapter apply to all owners or occupiers of real property,

including public entities. When specialized rules, such as governmental immunity, apply to public entity defendants,

special sections are devoted to these issues. See §564.

The liability that attaches in premises liability cases, and particularly slip and fall cases, is essentially negligence

liability. This means that the plaintiff must establish that the defendant owed a duty of care, that the defendant’s

conduct fell below the standard required by law, and that this breach was the legal cause of actual damage. In short,

the plaintiff must prove each of the traditional elements of negligence in order to prevail.

The existence of legal duties in premises liability cases is greatly affected by the plaintiff’s status upon the prem-

ises. Most states differentiate between trespassers, licensees, and invitees, with different legal duties flowing from

the determination of plaintiff’s status. The plaintiff must be prepared to plead and prove his status upon the premises,

and many of the interrogatories set forth in this chapter are directed to the facts, witnesses, and documents bearing

on the status issue.

Once it is shown that the defendant owed the plaintiff a legal duty of due care, the issue becomes whether the

defendant’s conduct fell below the standard required by law. The required standard of care is again dependent upon

the plaintiff’s status, with the minimal obligations owed to a trespasser giving way to heightened standards of care as

the plaintiff’s status improves from licensee to invitee. It is probably now the law that the defendant must warn any

known plaintiff of obvious dangers, and at least in cases involving invitees, there is an affirmative duty of inspec-

tion. Several of the interrogatories in this chapter inquire as to the facts necessary for you to determine whether the

defendant failed to comply with these different standards and thereby breached his or her duty of due care owed to

the plaintiff.

Regardless of the plaintiff’s status, the defendant will ordinarily not be liable for injuries caused by conditions

about which he or she had no knowledge, since the defendant has simply not acted unreasonably with regard to the