Product Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What is the most common type of discrimination case in schools?
The most common cases involve disability discrimination under laws like the Individuals with Disabilities Education Act (IDEA). This occurs when a school fails to provide appropriate services or accommodations for a student with a disability, such as not creating a necessary learning plan or denying access to educational programs. These failures can prevent a student from receiving an equal opportunity to learn and participate, leading to legal claims from parents or guardians demanding appropriate support and services for the child.
How does liability work for purchasing contaminated property?
Buying a contaminated property typically makes you the new owner liable for the entire cleanup, even if you didn’t cause the pollution. This is a major commercial risk. To protect yourself, conduct thorough environmental due diligence (like a Phase I assessment) before purchase. Following specific procedures can qualify you for an “innocent landowner” defense, shielding you from liability for pre-existing contamination you didn’t know about and took steps to discover.
What type of insurance covers these accidents?
Two main types of insurance are relevant. First, the employee’s personal auto policy covers them, but it may deny coverage if they were driving for business. Second, the employer’s commercial auto policy covers company-owned vehicles. Crucially, employers should carry “Hired and Non-Owned Auto” (HNOA) liability insurance. This policy covers the company’s liability when employees cause accidents in rental cars or their personal vehicles while on business. Injured parties typically seek compensation from the employer’s commercial or HNOA policy first due to higher coverage limits.
Am I liable if a trespasser gets hurt on my property?
Generally, you are not liable for injuries to a trespasser from ordinary property conditions. However, you cannot set traps or intentionally cause harm. Significant exceptions exist for child trespassers if you have something attractive and dangerous on your property, like an unfenced pool or old machinery. This “attractive nuisance” doctrine requires you to take reasonable steps to secure such hazards.
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