Plain language
Store accident and premises liability glossary
Premises cases are built around control of property, the existence of a dangerous condition, notice, and causation. These terms explain the records and legal questions that commonly appear after a retail injury.
Published August 23, 2026 · Last reviewed August 23, 2026
- Actual notice
- Evidence that the business or responsible person actually knew about the condition before the incident, such as a report, observation, warning, or repair request. Read the related guide.
- Causation
- The connection between the defendant's conduct or product and the injury. A case can fail even when conduct was careless if the available evidence does not connect that conduct to the harm claimed.
- Constructive notice
- A legal theory that a condition existed long enough, or was sufficiently recurring or apparent, that the responsible party should have discovered and addressed it.
- Damages
- The losses a claim seeks to recover. Depending on the facts and governing law, these can include medical costs, lost income, future care, pain, disability, disfigurement, or loss of support.
- Defendant
- The person or organization against whom a civil claim is made. One incident can involve several possible defendants with different duties and insurance policies.
- Incident report
- A business record created after an event. It may identify witnesses and employees, but it is not automatically a complete or neutral account.
- Liability
- Legal responsibility for an injury. Liability depends on the applicable law and provable facts, not simply on whether someone was hurt.
- Mode of operation
- A rule recognized in some states that can affect proof of notice when a business's self-service method creates a foreseeable recurring risk.
- Premises liability
- The area of law addressing duties owed by people or organizations that possess, own, occupy, or control property.
- Preservation letter
- A written notice identifying evidence that should be retained, such as surveillance, inspection logs, and incident records. Read the related guide.
- Spoliation
- Loss, destruction, or material alteration of evidence when it should have been preserved. Consequences depend on the jurisdiction and circumstances.
- Statute of limitations
- A law that limits the time for filing a claim. The deadline varies by state, claim type, defendant, and sometimes the date the injury was or could reasonably have been discovered.
Terms are not conclusions
A definition explains a concept; it does not establish that the concept applies to a particular event. State law, contracts, medical records, product identity, insurance language, and other facts can change the analysis.
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