liability

How Do You Prove A Negligent Supervision Claim?

Published on: March 28, 2023 | By Dietrich Law Firm P.C.

Negligent-Supervision-scaled Employers are typically in charge of overseeing employees and other staff members. Employers have a legal duty to the public to supervise their workers sufficiently. When an employer fails to exercise appropriate supervision, that business can be held liable through a negligent supervision claim. An accident victim may be entitled to pursue a lawsuit against the company of an employee who caused their injuries. Consequently, multiple parties are often held legally responsible in accidents involving careless workers.

Negligent supervision is a concept derived from the doctrine of vicarious liability, which holds an employer responsible for an employee’s actions during the scope of their employment. However, negligent supervision claims are often used to sue businesses when an employee’s negligence is outside the scope of their employment. These claims are filed directly against employers for their irresponsible actions or inactions. Therefore, when justice cannot be obtained under the legal theory of vicarious liability, our litigators may be able to pursue a negligent supervision claim to hold the employer accountable.

The Legal Elements Of Negligent Supervision

Household Guest Injuries Compensable Under Homeowner Policies

Published on: March 21, 2023 | By Dietrich Law Firm P.C.

homeowner-ins-blog-scaled Each year, over 10 million victims are treated in emergency departments nationwide for home-related injuries. Fortunately, almost every homeowner carries insurance, and many tenants maintain renter policies. This type of insurance shields residential property owners against personal liability when someone else suffers bodily harm or property damage in an accident caused by the homeowner’s negligence. While homeowner’s insurance is typically regarded as protection against property damage, these policies also provide crucial liability coverage for guests’ injuries.

Are Accidents In Homes Covered By Insurance?

All land owners, including homeowners, are legally obligated to maintain their property reasonably safe for guests. When property owners expose visitors to unnecessary risks by failing to remedy safety concerns or neglecting to warn guests about known dangers, they can be held responsible for any adverse consequences suffered. Victims of household-related injuries are responsible for more than 6 million insurance claims annually. Coverage for bodily injury could compensate an injured person for their medical expenses if their injuries were caused by the owner, other household residents, or even their pets. Additionally, if a guest’s property is damaged, the homeowner’s policy could pay for its repair or replacement.

What Is Vicarious Liability?

Published on: January 11, 2022 | By Dietrich Law Firm P.C.

VICARIOUS-LIABILITY-300x225 The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.

Personal Injury Cases That May Involve Vicarious Liability

A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include: