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Frequently Asked Questions

Get answers to the most common liability case queries.

What is the most common type of medical mistake leading to a liability case?
The most common type is diagnostic error. This includes failing to diagnose a serious condition like cancer or a heart attack, misdiagnosing one illness for another, or delaying a diagnosis. When a healthcare provider misses critical signs or ignores patient symptoms, and a reasonable provider would not have, it can lead to worsened patient outcomes. This failure directly breaches the standard of care owed to the patient, forming the basis for a negligence claim if the delay or error causes provable harm.
When is an Employer Liable for Harassment or Discrimination?
An employer is liable for workplace harassment or discrimination if it is committed by a supervisor, or if the company knew or should have known about misconduct by co-workers or non-employees and failed to take immediate and appropriate corrective action. This includes harassment based on sex, race, religion, age, disability, and other protected characteristics. To limit liability, employers must have clear, communicated anti-harassment policies, provide regular training, and establish a reliable procedure for employees to report complaints without fear of retaliation, followed by prompt and thorough investigations.
What must be proven in these cases?
To succeed, the injured person must show the property owner knew or should have known about the security risk. This is often proven by evidence of prior similar crimes on or near the property. They must also show the owner’s security was unreasonable—like having no cameras, broken gates, or an unlit parking lot—and that this failure directly caused the injury. The owner is not a guarantor of absolute safety, but they are responsible for taking sensible precautions given the foreseeable risks.
What are the most common types of defects from poor workmanship?
Common defects include water penetration from faulty roofing or waterproofing, major and minor cracking from inadequate foundations or materials, structural failures like sagging floors, and non-compliant electrical or plumbing work. These often stem from cutting corners, using incorrect materials, or a lack of proper supervision. Such defects can range from cosmetic issues to serious safety hazards, impacting the building’s usability, value, and integrity.
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