Premises Liability

Looking for a Lawyer?
.
help_outline

Frequently Asked Questions

Get answers to the most common liability case queries.

What role do safety regulations (like OSHA) play in these liability cases?
Safety regulations, primarily from OSHA, establish the minimum standard of care. Violating an OSHA rule is strong evidence of negligence in a liability lawsuit. It demonstrates a party failed to meet the accepted safety standard. However, compliance with OSHA does not automatically mean a party is not liable; a court may find a higher duty of care was needed. Conversely, an injured worker generally cannot sue their employer directly for an OSHA violation due to workers’ compensation exclusivity, but it can be used against third parties.
Who can be held responsible for a design flaw?
Primary responsibility typically falls on the design professionals who created and stamped the plans—namely architects and engineers. The firm employing them is also liable. In some cases, the general contractor or builder could share responsibility if they proceeded with construction knowing the designs were flawed. The property owner who commissioned the work may also bear some responsibility if they insisted on changes that introduced the flaw, but the legal duty rests most heavily on the licensed professionals paid to provide correct plans.
What should I do if my child is injured by a product?
First, seek immediate medical attention for your child. Then, preserve the product exactly as it was after the incident—do not fix or throw it away. Take clear photographs of the product, the injury, and the packaging. Keep any receipts or proof of purchase. Report the incident to the manufacturer and to the Consumer Product Safety Commission. Finally, consult with a qualified attorney who specializes in product liability cases to understand your legal options.
Can you sue for a free speech violation if no law was technically broken?
Yes, you can. The core of a free speech claim is that a government action or policy is unconstitutional, even if it follows a written statute or ordinance. If a law itself violates the First Amendment, it can be challenged and struck down as invalid. For example, a city law banning all street protests could be challenged by a would-be protester who was arrested under it. The lawsuit argues the law itself is the violation, seeking to have it invalidated and any penalties reversed.
Image