Personal Injury Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What are common defenses companies use in these cases?
Companies often argue the injured person misused the product in an unforeseeable way that caused the injury, like using a hairdryer in the shower. They may claim the user assumed the known risks of the product or that the danger was open and obvious. Another defense is that the product was substantially altered after it was sold. They may also argue that the injury was caused by something else entirely. The user’s own careless conduct can reduce the compensation they receive.
What is “Negligent Supervision” and How Does It Happen?
Negligent supervision occurs when an employer fails to properly oversee employees, allowing them to cause harm. This happens by ignoring clear warning signs, like previous complaints or dangerous behavior, or by giving irresponsible employees authority without checks. For example, if a manager knows a cashier has stolen before but still allows unsupervised access to the cash drawer, the company could be liable for future thefts. The law expects employers to act reasonably to prevent predictable misconduct.
Are website owners or social media platforms liable for user posts?
Typically, no. Under U.S. law (Section 230 of the Communications Decency Act), platforms like Facebook, Twitter, or news site comment sections are generally not treated as the publisher of user-generated content. They are protected from lawsuits for defamatory posts made by users. However, this protection does not extend to the individual user who created the post. The platform may remove content that violates its own terms of service, but it is not legally required to do so.
What are the clear warning signs that abuse or neglect is happening?
Visible signs include unexplained bruises, cuts, or fractures; sudden weight loss or dehydration; poor personal hygiene; and the development of frequent bedsores. Emotional signs are sudden withdrawal, anxiety, or fear around certain staff members. Environmental red flags are unsanitary living conditions, medication errors, or frequent falls. Financial warning signs are missing belongings or unexplained bank withdrawals. Trust your instincts. A drastic change in a resident’s physical or emotional state often points to a serious problem requiring immediate investigation.
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