Professional Liability: The Legal Challenges

4 important questions on Professional Liability: The Legal Challenges

4 ways legal liability is imposed on professionals?

1. Contract
2. Fiduciary duty
3. Tort
4 . Statute

Policy considerations will negate a duty of care when:

1. The law already provides a remedy
2. A duty creates unlimited liability to an unlimited class or unlimited time
3. Other broad policy exists

Acting in a certain way because one believed the information received

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Strategies to manage legal risks

- carry public liability insurance
- have 3rd-party liability insurance
-use disclaimers
-practice continuing education and professional development

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