Defective Product Design

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Frequently Asked Questions

Get answers to the most common liability case queries.

Can an employer be liable for bullying even if it’s not illegal harassment?
Yes, through other legal avenues. While general bullying isn’t prohibited by federal anti-discrimination laws, a bullied employee might sue for intentional infliction of emotional distress or assault. An employer can also be sued for negligence if it failed to provide a safe workplace. Furthermore, if the bullying leads to a constructive discharge—where conditions are so intolerable the employee is forced to quit—the employee may have a claim for wrongful termination. State laws may also provide additional protections.
What responsibilities do employers have regarding employees with disabilities?
Employers have a duty to provide “reasonable accommodations” to qualified employees with known disabilities, unless doing so would cause significant difficulty or expense. An accommodation is a change to the job or workplace that enables the employee to perform essential job functions. Examples include modified work schedules, ergonomic equipment, or making facilities accessible. The process requires a good-faith discussion between employer and employee to find an effective solution.
What are the most common examples of unsafe construction site conditions?
Common unsafe conditions include unguarded floor openings or edges, improper scaffolding or ladder use, lack of proper personal protective equipment (PPE), failure to control hazardous energy during equipment maintenance, and inadequate housekeeping leading to slip/trip hazards. Other frequent issues involve unsafe electrical installations, improper trenching and excavation support, and a lack of clear communication about site-specific dangers. These conditions directly increase the risk of falls, electrocution, being struck by objects, and catastrophic structural collapses, forming the basis for many liability claims.
What if I post an opinion instead of a fact?
Opinions are generally protected and cannot be the basis for a defamation claim. However, the line can be blurry. Calling a statement an “opinion” does not automatically shield you if it implies false, undisclosed facts. For example, “In my opinion, John is a thief” suggests you know facts about John stealing, which could be defamatory if untrue. Truly subjective opinions, like “John is a terrible artist,“ are usually safe from legal action.
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