- can it be expected that some persons may be distracted,
- or confident of their safely when on the premises?
Was there a Foreseeable Hazard from ... [ask the questions in
the form of "You can foresee that someone would get hurt if the light was not
good enough for the person to see water on the floor?" Make the questions
specific to the items involved.
- Distractions in building design- displays by owner -
- Distractions because of activities by defendant or others on
- Maintenance of premises
- Wear and tear
- Condition of premises
- Premises design (e.g., there is a staircase but no railing
to hold onto.)
Were there inspections of the premises that showed the hazard
could exist? [e.g., lights would burn out in the hallway so the hallway light
would be dim.]
If answer to above is "no", then ask: Why did your company not
want to make inspections that would show dangerous conditions?
If answer is "yes", then follow up by repeating if necessary,
the questions from the "Inspections" section of this checklist.
Did [you] [The company] know that the [actual hazard] existed?
[e.g., lights in the hallway were burned out on the day of the injury?]
Did [you] [The company] know that the hazard could exist?
[e.g., lights could burn our in the hallway]
If deponent does not admit actual knowledge of the foreseeable
hazard, then ask if [The Company] [You] should have known of the hazard. [e.g.,
You know that lights in the hall way do burn our during time, donít you?"
- Did Defendant Company/ Deponent ever do or see a hazard
or a safety evaluation study regarding the premises or
- Do you agree that Defendant Company/ Deponent has duty to
protect the plaintiff from injury?