Slip and Fall Accidents

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Frequently Asked Questions

Get answers to the most common liability case queries.

What must a person prove to win a slander case?
To win, you must prove four things. First, the defendant made a false statement of fact about you. Second, they communicated that statement verbally to a third party. Third, they were at fault—either they knew it was false or acted with reckless disregard for the truth. Fourth, the statement caused you real harm, such as financial loss or damage so severe the law presumes harm occurred, which is rare for slander.
What are the common defenses against a libel claim?
The most powerful defense is proving the published statement is substantially true. Other key defenses include having a privilege to speak, such as in a court proceeding or legislative debate. Fair comment or opinion on a matter of public interest is also protected, provided it is based on true facts. Consent from the subject is a complete defense. For public figures, the plaintiff must also prove the defendant acted with “actual malice,“ meaning they knew it was false or recklessly disregarded the truth.
Can an employer be liable for discrimination even if it wasn’t intentional?
Yes, through a concept called “disparate impact.“ This occurs when a company policy or practice that seems neutral on its surface disproportionately harms a protected group. For example, a strength test that screens out most female applicants, if not strictly necessary for the job’s core functions, could be discriminatory. The employer is liable if the policy causes the harm and is not a true business necessity. Intent does not need to be proven in these cases.
Who can be held responsible in a product liability case?
Liability can extend to any party in the product’s chain of distribution. This typically includes the product manufacturer, the manufacturer of a defective component part, the assembler or installer, and the wholesaler or retail store that sold the item. In many jurisdictions, all these entities can be held jointly responsible, meaning an injured person can seek compensation from one or all of them. This system ensures a harmed consumer can find a financially viable defendant to provide compensation.
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