Insurance · General

A claimant alleges a slip and fall on a store's wet floor. What must the adjuster establish to determine if the insured (store) is liable?

Correct answer

The four elements of negligence: duty (did the store owe a duty of care to the claimant?), breach (did the store breach that duty by failing to warn or dry the floor?), causation (did the breach cause the fall?), and damages (did the claimant suffer actual harm?)

  1. A Only that the floor was wet
  2. B The four elements of negligence: duty (did the store owe a duty of care to the claimant?), breach (did the store breach that duty by failing to warn or dry the floor?), causation (did the breach cause the fall?), and damages (did the claimant suffer actual harm?)
  3. C Only that the claimant fell
  4. D Only that the store has insurance

Why this is the answer

LIABILITY CLAIM ANALYSIS requires all four NEGLIGENCE ELEMENTS: DUTY: Stores owe invitees (customers) a duty of reasonable care — to maintain safe premises; BREACH: Was the floor wet for an unreasonable period without warning signs or cleanup? Did the store have constructive notice (should have known)?; CAUSATION: Did the wet floor directly cause the fall? (not some other factor); DAMAGES: Did the claimant suffer actual compensable harm (medical bills, lost wages, pain and suffering)?; COMPARATIVE FAULT: If the claimant was partly responsible (not watching where walking, wet shoes, distracted by phone), damages may be reduced proportionally; INVESTIGATION: Obtain incident report, surveillance video, witness statements, maintenance logs, and medical records before making coverage or liability determination.
Source: Insurance Adjuster — Liability Investigation, Slip and Fall

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