Slip and Fall Accidents

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Frequently Asked Questions

Get answers to the most common liability case queries.

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.
Who Can Be Sued for a Civil Rights Violation?
You can sue individual government employees (like police officers or prison guards) and the government agencies that employ them. Suing an individual officer is common for actions like unlawful arrest. Suing the agency, like a city or county, is more complex; you must prove the violation resulted from an official policy, widespread custom, or a failure to properly train or supervise employees. You generally cannot sue the state or federal government itself for money damages under the primary civil rights law, due to sovereign immunity protections.
What is Employer Liability and When Does it Apply?
Employer liability is the legal responsibility a company holds for the actions, safety, and well-being of its employees while they are working. It applies in three main situations: when an employee is injured on the job (workers’ compensation), when an employee causes harm to a third party while doing their job, and when the company itself creates a harmful environment through negligence or illegal actions. Essentially, the employer can be held accountable for workplace injuries, employee misconduct during work, and for failing to provide a safe and lawful workplace.
What defenses are available in a Strict Liability case?
Defenses are limited but exist. The most common is that the plaintiff’s own voluntary and unreasonable misuse of the product or assumption of a known risk caused the injury. If someone uses a lawnmower to trim a hedge after reading clear warnings not to, they may be barred from recovery. Another defense is that the product was substantially altered after it left the defendant’s control. The defendant cannot, however, defend by simply proving they were very careful.
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