The Law Office of Jack L. Stillman, P.A., can defend you against liability claims in cases where insurance is not an option. Whether responding to a claim against you or your business, it is important to have legal representation. Even if you are incorporated you could still be personally at risk.
If you have questions about a claim against you or your business, Jack will work closely with you, and provide the counsel and representation you need to make informed decisions.
We represent individuals and businesses throughout Monmouth and Middlesex counties.
Indirect liability may arise due to some involvement, notably through joint and several liability doctrines as well as forms of secondary liability. Liability may also arise through enterprise liability. Other concepts include market share liability.
A successful defense absolves the defendant from full or partial liability for damages. Apart from proof that there was no breach of duty, there are three principal defenses to tortious liability.
Typically, a victim cannot hold another liable if the victim has implicitly or explicitly consented to engage in a risky activity. This is frequently summarized by the maxim “volenti non fit injuria” (Latin: “to a willing person, no injury is done” or “no injury is done to a person who consents”). In many cases, those engaging in risky activities will be asked to sign a waiver releasing another party from liability.
For example, spectators to certain sports are assumed to accept a risk of injury, such as a hockey puck or baseball striking a member of the audience. Warnings by the defendant may also provide a defense depending upon the jurisdiction and circumstances. This issue arises, for example, in the duty of care that landowners have for guests or trespassers, known as occupiers’ liability.
In certain cases, a person might be liable for their employee or child under the law of agency through the doctrine of respondeat superior. For example, if a shop employee spilled cleaning liquid on the supermarket floor and a victim fell and suffered injuries, the plaintiff may be able to sue either the employee or the employer. There is considerable academic debate about whether vicarious liability is justified on no better basis than the search for a solvent defendant, or whether it is well-founded on the theory of efficient risk allocation.