Defamation Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

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.
What is the basic definition of defamation?
Defamation is a false statement of fact that harms a person’s or business’s reputation. It must be communicated to at least one other person. The statement must be presented as a fact, not just an opinion, and it must cause actual damage to the subject’s standing in the community. Defamation comes in two forms: libel (written or published statements) and slander (spoken statements). The core idea is protecting people from lies that could hurt their ability to work, do business, or live in society without unjustified shame.
How can mishandling waste lead to criminal charges?
Criminal charges arise from knowingly or negligently violating environmental laws. Examples include illegally dumping waste, falsifying disposal records, or deliberately sending hazardous waste to a facility not permitted to handle it. Unlike civil fines, criminal penalties can lead to prison sentences for responsible individuals, such as company owners or managers. Prosecutors pursue criminal charges for egregious acts that show a conscious disregard for the law and public safety, moving beyond mere accidents or paperwork errors.
What are the most common consequences of design flaws?
The consequences are often severe and costly. They include structural failures like cracks, sagging, or collapse; water intrusion and mold due to poor drainage or flashing details; and fire safety hazards from inadequate egress or material specifications. These problems can lead to massive repair bills, decreased property value, and, most critically, serious injury or death to occupants. The building may also be condemned or require expensive retrofitting to bring it up to code, far exceeding the original project budget.
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