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 for a false online post?
The most common claim is defamation. This applies when a false statement of fact is published online that harms someone’s reputation. It doesn’t matter if the poster intended harm; the key is that the statement was false and damaging. The person harmed can sue the original poster and, in some cases, those who repeated the statement. Truth is a complete defense, meaning you cannot be liable for defamation if the statement is proven to be true.
Does a police report decide who is at fault?
No, a police report does not legally decide fault, but it is extremely influential. Insurance companies heavily rely on the officer’s documented observations, citations issued, and their opinion on the cause. However, it is not the final word. You or your insurer can present additional evidence—like new witness statements or expert analysis—to challenge the report’s conclusions. Ultimately, fault is a civil determination made between insurers or by a court, not solely by the police.
Can failure to obtain proper consent be malpractice?
Yes, failure of informed consent is a recognized form of malpractice. Doctors must explain a procedure or treatment’s benefits, material risks, and reasonable alternatives in a way the patient can understand. Simply having a patient sign a form is not enough. If a doctor performs a different procedure than discussed or fails to warn of a significant risk that then occurs, the patient may have a claim. Valid consent requires a genuine conversation, not just a signature.
How do you prove a design was faulty?
You must demonstrate the design deviated from the accepted “standard of care” a competent professional would provide. Evidence includes the original flawed plans, expert testimony from another architect or engineer explaining the error, building code violations cited by inspectors, and documentation of the resulting damages (photos, repair estimates). The key is showing a direct link between the documented flaw in the plans and the specific problem that occurred, ruling out poor construction or material failure as the sole cause.
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