Personal Injury Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What evidence do I need to prove a poor workmanship claim?
You need clear documentation. This includes your written contract, detailed photos and videos of the defects, independent expert reports (like from a building surveyor or engineer) that clearly link the defect to poor work, all communication with the builder (emails, texts), and any written warranties. Date everything. This evidence establishes what was agreed, how the work has failed, and that the builder’s actions caused the problem.
What is the difference between slander and libel?
Both are forms of defamation. Libel involves defamatory statements that are fixed in a permanent form. This includes writing in books, newspapers, social media posts, blogs, online reviews, or television broadcasts. Slander involves spoken, temporary statements, like false accusations made in a speech, conversation, or unrecorded interview. Legally, libel is often treated more seriously because the written word has a wider reach and permanence, making the potential damage to reputation greater and easier to prove.
What defenses are available in a Strict Liability case?
Defenses are limited but exist. The most common is that the plaintiff’s own voluntary and unreasonable misuse of the product or assumption of a known risk caused the injury. If someone uses a lawnmower to trim a hedge after reading clear warnings not to, they may be barred from recovery. Another defense is that the product was substantially altered after it left the defendant’s control. The defendant cannot, however, defend by simply proving they were very careful.
What makes a review legally “false”?
A review is legally false when it makes a specific, factual claim that is demonstrably untrue, not just an opinion. Stating “the restaurant gave me food poisoning” is a factual assertion that can be proven true or false. Saying “the food tasted awful” is a protected opinion. The key distinction is whether a reasonable person would interpret the statement as an assertion of objective fact. Businesses can take action against reviews that falsely claim health code violations, non-delivery of paid services, or criminal activity by the owner.
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