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Frequently Asked Questions

Get answers to the most common liability case queries.

What are the most common sources of liability for groundwater and soil contamination?
The most common sources are historical or ongoing industrial and commercial activities. These include leaking underground storage tanks (like gas station tanks), improper chemical handling or disposal at manufacturing sites, spills from transport or pipelines, and the use of pesticides or fertilizers in agriculture. Former “brownfield” sites, where operations ceased without proper cleanup, are also frequent sources. Liability often falls on the current property owner, the past operator who caused the release, or the company that generated the waste, regardless of when the contamination occurred.
When can a company be liable for a completely missing warning?
A company can be liable if it fails to warn about a non-obvious danger that is not common knowledge and that a reasonable person would not expect. For instance, a household cleaner doesn’t need a warning that it’s bad to drink. But if that same cleaner produces a toxic gas when mixed with ammonia, that hidden danger requires a clear, explicit warning. The key is foreseeability—if the manufacturer knew or should have known about the risk, they have a duty to warn.
When does the government have a strong enough reason to legally restrict speech?
The government can restrict speech if it meets a high legal burden. It must show its action serves a compelling interest (like true public safety or preventing imminent violence) and is narrowly tailored to achieve that goal. It cannot restrict speech simply because it is offensive, unpopular, or critical of officials. Common, permissible restrictions include genuine threats, incitement to immediate lawless action, obscenity, defamation, and certain time-place-manner rules that are neutral and leave open other channels for communication.
What must be proven in these cases?
To succeed, the injured person must show the property owner knew or should have known about the security risk. This is often proven by evidence of prior similar crimes on or near the property. They must also show the owner’s security was unreasonable—like having no cameras, broken gates, or an unlit parking lot—and that this failure directly caused the injury. The owner is not a guarantor of absolute safety, but they are responsible for taking sensible precautions given the foreseeable risks.
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