1. CHAPTER 10 DISCUSSION QUESTIONS
1) Define "premises liability."
2) What general body of law does negligence fall under?
3) What does negligence deal with?
4) What are the 4 elements of negligence?
5) What 3 criteria must be established for duty?
6) Define each of the 4 general types of patrons.
7) What are the 4 basic categories of damage?
8) How does Cotten define a waiver?
9) What are some limitations of waivers?
10) For a facility or event, what entities are generally responsible in
a negligence suit?
11) What is an indemnification clause?
12) According to the NFSI, more than how much $ in insurance
claims each year are the result of slip-and-fall accidents?
13) Define "inherent risks."
14) What are the 3 categories of supervision?

2. 1) PREMISES LIABILITY
“THE LEGAL RESPONSIBILITY A FACILITY OR EVENT
MANAGER OWES TO THE INDIVIDUALS UTILIZING THE
VENUE.”

3. 3) WHAT DOES NEGLIGENCE DEAL WITH?
-DEALS WITH AVOIDABLE ACCIDENTS THAT SHOULD
HAVE BEEN ANTICIPATED & PREVENTED BY TAKING
REASONABLE PRECAUTIONS.

4. 2) WHAT GENRAL BODY OF LAW DOES NEGLIGENCE FALL
UNDER?
TORTS

5. TORT
-A WRONGFUL ACT THAT RESULTS IN INJURY TO
ANOTHER’S PERSON, PROPERTY, OR REPUTATION & FOR
WHICH THE INJURED PARTY IS ENTITLED TO
COMPENSATION.
UNINTENTIONAL TORT
-ONE DID NOT INTEND TO INJURE AN INDIVIDUAL, BUT AN
INJURY DID OCCUR.
INTENTIONAL TORT
-ONE INTENDS TO INJURE AN INDIVIDUAL.

6. 4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?
*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BE
HELD LIABLE FOR THE INJURY.
1) DUTY
2) BREACH OF DUTY (THE ACT)
3) PROXIMATE CAUSE (CAUSATION)
4) DAMAGE (HARM)

7. 4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?
*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BE
HELD LIABLE FOR THE INJURY.
1) DUTY
2) BREACH OF DUTY (THE ACT)
3) PROXIMATE CAUSE (CAUSATION)
4) DAMAGE (HARM)