Strict Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What is “Negligent Hiring” and How Can Employers Avoid It?
Negligent hiring is a claim made when an employer fails to use reasonable care in selecting an employee, who then causes harm to a co-worker or customer. This can happen if the company skipped basic background checks for a position of trust, ignored clear red flags in an applicant’s history, or hired someone grossly unqualified for a risky job. To avoid it, employers must conduct thorough, job-relevant screenings (criminal checks, reference verification, license confirmation) for all positions, especially those involving safety, security, or public interaction.
What are the key laws governing environmental liability?
In the United States, the core laws are the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) for cleaning up hazardous waste sites, and the Resource Conservation and Recovery Act (RCRA) for managing active waste. Other critical laws include the Clean Water Act and Clean Air Act, which regulate pollution releases. These laws empower government agencies to order cleanups and sue for recovery of all costs.
What does a plaintiff need to prove to win a case?
The injured person (plaintiff) must generally prove four key elements. First, they must show the product was defective in its manufacturing, design, or warnings. Second, they must demonstrate the defect existed when the product left the defendant’s control. Third, they need to prove they used the product in a reasonably foreseeable way. Finally, they must establish that the defect was the direct cause of their injury or damages. The exact requirements can vary slightly by state law and the specific legal theory used.
What are the key warning signs or red flags of potential employee fraud?
Key red flags include an employee living beyond their means or having sudden financial pressures. Behavioral changes like defensiveness, unwillingness to share duties, or working excessive hours alone can be indicators. Specific signs are consistent discrepancies in cash or inventory records, missing documentation, and numerous corrections to financial entries. Customers or vendors complaining about transactions they don’t recognize is another major warning. A single red flag may not mean fraud, but a combination should prompt a closer, confidential review.
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