Car Accidents and Fault

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Frequently Asked Questions

Get answers to the most common liability case queries.

What type of compensation can I recover in a civil lawsuit?
Successful plaintiffs can recover money damages for all losses caused by the incident. This includes compensation for medical bills, therapy costs, lost wages, and repair or replacement of damaged property. You can also recover for pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases of extremely malicious conduct, punitive damages may be awarded to punish the wrongdoer and deter future similar behavior.
Can We Be Liable for an Employee We Shouldn’t Have Hired?
Yes, this is “negligent hiring” liability. It applies when an employer fails to conduct a reasonable background check for a position, hires someone obviously unfit, and that person then causes harm. If a school hires a bus driver without checking their driving record, which reveals multiple DUIs, and the driver then causes a crash, the school is liable. The harm must be related to the risk the background check should have uncovered. The key is the employer’s careless hiring decision.
Who can be held responsible if a falling object injures a worker?
Multiple parties can share responsibility. The primary employer of the injured worker has a direct duty to provide a safe site. The general contractor overseeing the project is typically responsible for overall site safety. Subcontractors whose employees cause the incident can be liable. Additionally, property owners or equipment manufacturers may be responsible if faulty premises design, poor planning, or defective equipment (like a failed hoist) contributed to the object falling.
Are website owners or social media platforms liable for user posts?
Typically, no. Under U.S. law (Section 230 of the Communications Decency Act), platforms like Facebook, Twitter, or news site comment sections are generally not treated as the publisher of user-generated content. They are protected from lawsuits for defamatory posts made by users. However, this protection does not extend to the individual user who created the post. The platform may remove content that violates its own terms of service, but it is not legally required to do so.
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