The assumption of risk plays a key role in liability claims. When someone willingly engages in an activity despite knowing that it has a certain level of risk, they might sacrifice any liability claim in the event of an accident. Some product liability cases weaken as...
Liability Defense
Liability insurance for small business owners 101
While you are trying to grow your small business, remember to protect it with liability insurance. If someone sues you for negligence and injuries, you will need to pay for the cost of defending yourself in court and potentially paying for their damages. When you face...
Strategies to mitigate defective product claims in New York
For businesses in New York, protecting against defective product claims is a critical aspect of operations. Accusations of selling or distributing faulty products can have severe legal and financial consequences, damaging a company's reputation and bottom line....
Despite good-faith negotiating, bad-faith allegations may arise
The New York State Bar Association notes that state law requires insurance carriers to negotiate contracts in good faith. As described by Insurance Journal, acting in good faith also means that both parties provide truthful information. Individuals or businesses...
Defense strategies against orthodontic malpractice claims
People invest thousands of dollars to get beautifully straight teeth. When their treatment does not meet their expectations, unhappy patients may file malpractice claims against orthodontists. If patients file liability claims, a close review of their chart might...
Defense strategies for employers facing discrimination claims
Allegations of workplace discrimination can be detrimental to employee morale and overall productivity. When a New York employer faces a claim that they or one of their workers has committed a workplace infraction in violation of a state or federal anti-discrimination...
Can you raise any of these defenses to a product liability claim?
As your business makes and sells its products, consumer safety is probably at the top of your priorities. That’s why most products undergo rigorous testing and have warning labels that make clear to consumers that dangers that are associated with the product. Yet,...
What is duty to defend?
All insurance companies in New York are responsible for paying benefits when their clients have been involved in accidents resulting in personal injuries where the client is apparently at fault to some degree. Sometimes, insured parties are totally at fault, partially...
The liability of selling or dispensing dangerous hand sanitizer
When you hear the term "defective products," it may conjure images of broken cars or exploding slow cookers. In the field of premises liability, you may think of slips and falls or dangerous equipment. But what if the issue is a dangerous chemical? The need for hand...
E-cigarette and vaping-product manufacturers may face liabilities
One day after New York's attorney general filed legal action against an e-cigarette manufacturer, officials confirmed a second vaping-related death since a first occurred during the previous month. As reported by the New York Post, the state governor noted that the...