Personal Injury Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What is the most common legal claim in a contamination case?
The most common claim is negligence. This means the company failed to exercise reasonable care in producing, handling, or inspecting its product, leading to contamination. To succeed, you must show the company had a duty to provide a safe product, it breached that duty through its actions (or inaction), and that breach directly caused your illness or injury. This claim targets the careless mistake, rather than requiring proof the company knew the product was bad.
What if the person bitten was trespassing or provoking the dog?
The victim’s actions can significantly impact liability. If the person bitten was trespassing on your property without permission, you generally are not liable under strict liability statutes. Similarly, if the victim provoked the dog through teasing, abuse, or assault, this can be a complete defense or greatly reduce the owner’s responsibility. The law does not protect individuals who knowingly engage in reckless behavior that causes an animal to react defensively.
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 are the common defenses against a libel claim?
The most powerful defense is proving the published statement is substantially true. Other key defenses include having a privilege to speak, such as in a court proceeding or legislative debate. Fair comment or opinion on a matter of public interest is also protected, provided it is based on true facts. Consent from the subject is a complete defense. For public figures, the plaintiff must also prove the defendant acted with “actual malice,“ meaning they knew it was false or recklessly disregarded the truth.
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