Civil Rights Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

Am I liable if a trespasser gets hurt on my property?
Generally, you are not liable for injuries to a trespasser from ordinary property conditions. However, you cannot set traps or intentionally cause harm. Significant exceptions exist for child trespassers if you have something attractive and dangerous on your property, like an unfenced pool or old machinery. This “attractive nuisance” doctrine requires you to take reasonable steps to secure such hazards.
What surgical mistakes constitute malpractice?
Surgical malpractice extends beyond the stereotypical “wrong-site” surgery. It includes performing the wrong procedure, damaging nerves or organs not involved in the operation, leaving surgical instruments or sponges inside the patient’s body, and infections caused by unsanitary practices. Anesthesia errors, such as administering too much or too little, are also serious surgical-adjacent failures. These mistakes often result from poor planning, communication breakdowns, or surgeon fatigue.
What is the difference between negligence and gross negligence?
Negligence is a failure to use ordinary care—the care a reasonable person would use. Gross negligence is a much more severe failure, showing a conscious disregard for the safety or rights of others. It involves behavior so reckless it borders on intentional harm. The practical difference is significant: proving gross negligence can sometimes overcome legal immunities, allow for punitive damages (meant to punish the defendant), and may impact insurance coverage, as many policies exclude coverage for grossly negligent acts.
What type of insurance covers these accidents?
Two main types of insurance are relevant. First, the employee’s personal auto policy covers them, but it may deny coverage if they were driving for business. Second, the employer’s commercial auto policy covers company-owned vehicles. Crucially, employers should carry “Hired and Non-Owned Auto” (HNOA) liability insurance. This policy covers the company’s liability when employees cause accidents in rental cars or their personal vehicles while on business. Injured parties typically seek compensation from the employer’s commercial or HNOA policy first due to higher coverage limits.
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