Wrongful Death Cases

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Frequently Asked Questions

Get answers to the most common liability case queries.

What is the most common legal rule for dog bite liability?
The most common rule is “strict liability.“ This means the dog’s owner is automatically responsible for injuries caused by their dog biting someone, regardless of the dog’s past behavior. This rule applies if the victim was in a public place or lawfully in a private place. It removes the need to prove the owner was careless or knew the dog was dangerous. However, this rule is not universal; some states still use a “one-bite” rule or negligence standards, so local laws must always be checked.
When can a property owner be held liable for negligence (premises liability)?
A property owner can be liable if someone is injured due to an unsafe condition on their property. Liability depends largely on why the injured person was there. Owners owe the highest duty to invitees (like customers), requiring them to inspect for and fix hazards. For licensees (social guests), they must warn of known dangers. They generally owe no duty to trespassers, except to avoid intentionally harming them. Common examples include slip-and-falls from wet floors or injuries from poor maintenance.
How does a medicine contamination case differ from a food case?
Medicine cases often involve different defects, such as a dangerous manufacturing error, an unsafe active ingredient, or a failure to provide adequate warning about risks. These are typically “product liability” claims focusing on a design or warning flaw, rather than a bacterial contamination. The evidence relies heavily on scientific and medical expert testimony to prove the drug was unreasonably dangerous and caused the specific adverse reaction or injury.
Can a business sue for a single bad review?
Yes, but it is difficult and often not practical. A single review must be exceptionally damaging and clearly false to justify the cost and public relations risk of a lawsuit. Courts are wary of lawsuits that could silence legitimate criticism. A pattern of fake reviews, especially from a single source or competitor, presents a much stronger case. The review must allege a specific, provable falsehood, not just hyperbolic negative opinion, to have legal merit for a defamation claim.
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