The facts are found to the civil standard of proof, the balance of probabilities, 'Did the facts of the alleged trip hazard occur?", this is called 'The Trier of Fact'. If so, do these found facts amount to a trip hazard?, this is called the Question of Law. This conforms that the alleged events occurred and were unlawful but that is not enough there is next the issue of culpability or State of Mind. Negligence is a state of mind. This notion comes from the criminal law and the offence of child cruelty under s.1 Children and Young Peoples Act 1933. What was the motivation, carelessness or malice? There is a defence of diminished responsibility, the offence occurred but was not voluntary or reasonably foreseeable by an impaired or incapacitated defendant.