Strict Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

What kind of damages can someone recover if they win?
A successful plaintiff can recover several types of damages. Compensatory damages cover actual losses like lost income, business opportunities, and therapy costs. General damages compensate for harm to reputation and emotional suffering, which the law presumes occurs from defamation. In rare cases of extremely malicious or reckless conduct, a court may award punitive damages. These are meant to punish the wrongdoer and deter similar behavior, not just compensate the victim. The total amount depends heavily on the severity of the harm and the conduct of the accuser.
What are common defenses used by police in excessive force lawsuits?
Officers typically argue their actions were objectively reasonable given the perceived threat. They may claim the person was resisting, reaching for a weapon, or posed an immediate danger. They also rely heavily on qualified immunity. Additionally, defense lawyers often emphasize the chaotic, split-second nature of police work, arguing that hindsight judgment is unfair. Video evidence has become critical in challenging or supporting these defenses, moving beyond “he said, she said” arguments.
Who is responsible for maintaining safe walkways?
The legal responsibility, or duty of care, falls on the party in control of the property. This is typically the property owner, a business tenant (like a store in a mall), or a management company. For example, a shop is responsible for the floor inside its store, while a landlord may be responsible for the building’s shared parking lot. Determining the responsible party depends on who controls the area, who created the hazard, or who was contractually obligated to maintain it.
What must be proven in a liability case involving an injury from poor lighting?
To succeed, an injured person must generally show four things. First, the property owner had a duty to provide safe premises, including adequate light. Second, they failed in that duty by not installing or maintaining proper lighting. Third, that specific failure directly caused the accident and injury. Fourth, real damages resulted, like medical bills or lost wages. Evidence includes photos of the dark scene, maintenance records, witness statements, and crime reports showing prior incidents in the same area.
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