Premises Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What is the difference between wrongful termination and discrimination?
Wrongful termination is a broad term for being fired illegally. Discrimination is a specific type of wrongful termination where the firing decision is based on your membership in a legally protected group, such as your race, gender, age (over 40), religion, disability, or national origin. Not all unfair firings are illegal; the law generally allows employers to fire for any reason unless it violates a specific law or contract. Discrimination claims require proof that your protected status was a key factor in the decision to let you go.
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.
What is a “never event” and how does it relate to liability?
“Never events” are shocking medical errors that should never occur, like operating on the wrong body part, leaving a surgical instrument inside a patient, or giving a patient a mismatched blood transfusion. These events are almost always considered clear evidence of negligence because they violate fundamental safety protocols. Their occurrence strongly indicates a breakdown in standard procedures, making liability very likely. Hospitals are expected to have systems in place to prevent these catastrophic, preventable mistakes.
How does a safety violation turn into a personal injury lawsuit?
When a violation causes an employee to get hurt, it strengthens a personal injury claim. The official violation citation serves as powerful evidence that the employer broke safety rules and was negligent. The injured worker can then sue outside of the standard workers’ compensation system in some cases, especially if the employer’s conduct was intentional or grossly negligent. This can allow the employee to seek compensation for pain and suffering, which isn’t available through workers’ comp alone.
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