Defective Product Design

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Frequently Asked Questions

Get answers to the most common liability case queries.

What role does “comparative fault” play in a liability claim?
Comparative fault laws reduce your compensation if you are found partially responsible for your own injury. For example, if you are awarded $100,000 but are found 20% at fault for the incident (like jaywalking in a pedestrian accident), your recovery would be reduced by 20% to $80,000. In “pure” comparative fault states, you can recover some money even if you are 99% at fault. In “modified” states, you may be barred from recovery if you are 50% or 51% (depending on the state) or more at fault.
How is the property owner’s “fault” determined?
Fault is judged by what a reasonably careful property owner would have done under the same circumstances. Courts and juries look at the cost and feasibility of security measures versus the likelihood and severity of potential harm. Ignoring police warnings, a history of crimes, or industry security standards can show fault. The question is: did the owner turn a blind eye to an obvious danger? Simple, affordable steps like better lighting or working locks are almost always considered reasonable.
What is the legal term for a lie that damages someone’s reputation?
The legal term is defamation. Defamation occurs when a false statement is communicated to a third party, harming a person’s or business’s reputation. If the statement is written, published online, or broadcast, it’s called libel. If it’s spoken, it’s called slander. The core idea is that the statement must be presented as fact, not opinion, and must cause real harm, such as lost business or public scorn. Truth is always a complete defense against a defamation claim.
What are some common examples of illegal rental discrimination?
Illegal actions include refusing to rent or negotiate, falsely stating a unit is unavailable, setting different rental terms or fees, providing different services or facilities, and harassing a tenant. For example, a landlord cannot charge a higher security deposit because a tenant has children, refuse to rent to a person who uses a wheelchair, or tell a single woman an apartment is taken but offer it to a single man. Advertising that expresses a preference for a certain type of tenant is also illegal.
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