Whenever a crisis arises in the workplace, there is often concern regarding who is liable — whether it’s the government, a healthcare provider or the company itself. Liability during emergency situations is a tricky matter, and many businesses could be held accountable for employee injuries if they respond in the wrong way or fail to respond at all. Emergency situation liabilities can stem from a wrongful death case to a slip and fall case that may involve a lawyer. This can put a lot of pressure on both employers and government officials from West Jordan, Utah to the rest of the state. Potential Areas of LiabilityEmergency first responders can potentially be held liable under matters of civil and criminal liability. They may be protected by different liabilities and waivers, but there’s still room for egregious conduct when responding to an emergency situation. For instance, an unfortunate slip and fall could arise during an emergency — and first responders could potentially be held liable on grounds of negligence. Civil LiabilityCivil liability is most likely where liability issues are going to arise. Civil liabilities include negligence, intentional harm, privacy violations, discrimination or misrepresentation. Even though one particular employee may have been responsible for an injury, the employee’s company would be held liable, as an employee acts as a representative of his or her company. However, an intentional tort can place blame upon an individual, if intent to harm can be successfully proven. So if an employee were to intentionally trip someone, resulting in a slip and fall injury, then the employee could be held liable. If an accident were unintentional, then a company would have to hire a good lawyer out of West Jordan in order to ensure a smooth court case. Defense in Intentional TortsIf you and your lawyer find yourself involved in an intentional tort case, there are two general arguments that you can make: you can either argue consent or necessity. In the argument of consent, such as in the case of a drug injury, one can argue that the patient was informed beforehand of what drug was going to be administered. This argument can also be used if medicine was administered while the person was unconscious. Another argument that can be used is necessity. This could be used in a case in which someone intentionally causes a person to slip and fall in order to protect the person from further harm. These are a couple of routes that your West Jordan-area lawyer may take if you are involved in an intentional tort lawsuit. NegligenceIn an emergency situation, employers should do everything within their power to assist employees in danger — if not, they could be held liable for an injury due to their negligence. This could be a tough case for your lawyer to argue, especially if you had to opportunity to provide assistance but failed to take action. Your West Jordan-based company could be found liable for an injury due to negligence if you weren’t properly prepared, or breached some kind of employee confidentially. If you find yourself in court in West Jordan Utah due to a slip and fall case during an emergency situation, use this knowledge and be prepared. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Areas of Business Law do you Handle? via Michael Anderson http://www.ascentlawfirm.com/an-employee-is-hurt-during-a-workplace-emergency-can-the-employer-be-held-liable/
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ABOUTHi i am Alba Stadler. If you need utah divorce and bankruptcy lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and bankruptcy – both chapter 7 bankruptcy and chapter 13 bankruptcy law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation. I recommend them to anyone they are professional, divorce and bankruptcy in Utah can be tough, so you need a smart divorce and bankruptcy lawyer who can help you today. Archives
April 2017
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