Premises Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

Who can be held liable for environmental contamination?
Liability can extend to a wide range of parties. Current and past property owners or operators are primary targets. Others include companies that generated or transported the hazardous waste, and even parent companies or lenders in certain situations. Crucially, liability is often “strict,“ meaning you can be held responsible even if you followed all laws and didn’t act negligently. It can also be “joint and several,“ meaning one party can be forced to pay for the entire cleanup.
What defenses might someone use against these claims?
A common defense is “comparative fault,“ arguing the injured person was also careless and partially responsible for their own harm. Another is claiming the harm was an unavoidable accident with no one at fault. A defendant might also argue there was no duty owed to the injured party, or that their actions, while perhaps careless, were not the direct cause of the injury. The goal of these defenses is to reduce or eliminate the defendant’s financial responsibility.
Who can be held legally responsible for pollution damage?
Legal responsibility typically falls on the party that caused or allowed the pollution to occur. This can include the current or former property owner who mishandled contaminants, a neighboring business that discharged waste, a transportation company that caused a spill, or a manufacturer of the polluting material. In some cases, multiple parties share liability. The key is proving a direct link between their actions (or negligence) and the specific damage to your property.
How is the property owner’s “fault” determined?
Fault is judged by what a reasonably careful property owner would have done under the same circumstances. Courts and juries look at the cost and feasibility of security measures versus the likelihood and severity of potential harm. Ignoring police warnings, a history of crimes, or industry security standards can show fault. The question is: did the owner turn a blind eye to an obvious danger? Simple, affordable steps like better lighting or working locks are almost always considered reasonable.
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