Defamation Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

Can I sue if I signed a waiver or release form?
A waiver can be a significant barrier, but it is not an automatic shield against all lawsuits. Courts generally enforce waivers for the “ordinary negligence” inherent in an activity’s risks. However, you may still have a claim if the injury resulted from gross negligence (extreme carelessness), intentional harm, or a hidden danger the operator knew about but didn’t disclose. The specific wording of the waiver and state laws ultimately determine its effectiveness in each case.
What is the most common legal consequence for a building code violation?
The most common consequence is an order to fix the problem, issued by the local building department. This “correction notice” gives the property owner a deadline to make the building safe and legal. If the owner ignores this order, they face daily fines until the work is completed. In severe cases where there is an immediate danger, the city can condemn the property, forcing everyone to leave until the violations are resolved.
Can an Employer Be Sued for an Employee’s Car Accident?
Yes, an employer can typically be sued if an employee causes a car accident while performing job duties. This is known under the legal principle of “vicarious liability” or respondeat superior, meaning “let the master answer.“ If the employee was acting within the scope of their employment—such as making deliveries, visiting clients, or running work errands—the employer is usually financially responsible for the resulting damages. This holds even if the employer did nothing wrong directly, as they are considered responsible for their employees’ work-related actions.
What if the employee was using their own personal vehicle?
The employer can still be held responsible if the employee was using their personal car for work purposes. This is common for salespeople, service technicians, or employees running work errands. Many businesses have “non-owned auto” insurance for this exact situation. If the employee was authorized to use their car for work tasks, the employer’s liability generally applies. However, if the employee was expressly forbidden from using their personal car for work and did so anyway, it may complicate the employer’s liability.
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