Employee Theft or Fraud

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Frequently Asked Questions

Get answers to the most common liability case queries.

Can I sue for damages beyond just the cost of repair?
Yes, you can often recover additional damages. These can include costs for temporary repairs, increased utility bills from the faulty system, damage to your personal property (like ruined furniture or flooring), and expenses for temporary housing if the home is uninhabitable. The goal is to financially put you back in the position you would have been in if the work had been done correctly. You generally cannot recover for purely emotional distress unless the negligence was extreme.
What type of compensation can I recover in a civil lawsuit?
Successful plaintiffs can recover money damages for all losses caused by the incident. This includes compensation for medical bills, therapy costs, lost wages, and repair or replacement of damaged property. You can also recover for pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases of extremely malicious conduct, punitive damages may be awarded to punish the wrongdoer and deter future similar behavior.
What role do safety regulations (like OSHA) play in these liability cases?
Safety regulations, primarily from OSHA, establish the minimum standard of care. Violating an OSHA rule is strong evidence of negligence in a liability lawsuit. It demonstrates a party failed to meet the accepted safety standard. However, compliance with OSHA does not automatically mean a party is not liable; a court may find a higher duty of care was needed. Conversely, an injured worker generally cannot sue their employer directly for an OSHA violation due to workers’ compensation exclusivity, but it can be used against third parties.
What should I do if my child is injured by a product?
First, seek immediate medical attention for your child. Then, preserve the product exactly as it was after the incident—do not fix or throw it away. Take clear photographs of the product, the injury, and the packaging. Keep any receipts or proof of purchase. Report the incident to the manufacturer and to the Consumer Product Safety Commission. Finally, consult with a qualified attorney who specializes in product liability cases to understand your legal options.
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