The Expert Podcast

• Importance of liability protection for business owners and managers.
• Overview of defenses against liability claims.
• Clarification: I am not providing legal or insurance claim advice, just general information.

• Liability claims can arise from errors, omissions, or negligence.
• Key defenses against negligence claims: 
  • Last Clear Chance: The plaintiff's responsibility to avoid the loss. If they fail to act or cause damage, it can be a defense. Applicability varies by state.
  • Contributory Negligence: In jurisdictions recognizing this defense, if the plaintiff contributed to their loss, they may not be awarded damages.
  • Comparative Negligence: Weighs the negligence of all parties. Damages may be reduced by the plaintiff's contribution to their own loss.

• Assumption of Risk: The plaintiff's understanding and acceptance of risk in activities like skiing or skydiving can be a defense.
• Strict Liability: This applies when a business is engaged in inherently hazardous activities or produces defective products, leading to liability without proof of negligence.
• Imputed or Vicarious Liability: holding a party responsible for another's actions, such as an employer for an employee's actions.

• Recognize and evaluate potential hazards and risks.
• Ensure general liability and errors and omissions (E&O) policies cover these risks.
• Work with insurance agents or brokers to tailor coverage to your business needs.

• Importance of understanding various defenses and ensuring appropriate coverage.
• Encourage proactive risk management and consultation with professionals to safeguard your business.