Questions tagged [damages]

regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission

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12
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1answer
3k views

Is law enforcement responsible for damages made by a search warrant?

Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? ...
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1answer
1k views

Has anyone ever won a lawsuit against oneself?

The legal blog Lowering The Bar has a list of lawsuits where both the plaintiff and the defendant were the same person or legal entity. Some of the examples are: "Utah Court Says Woman Can Sue ...
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2answers
628 views

Does filling U.S. postal service business reply envelopes with junk incur any legal peril?

Some companies that send junk mail include a "business reply" envelope. This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense. In fact these business ...
6
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2answers
428 views

Is it possible to collect damages for free content?

Some content, especially online, is freely available, such as many pictures, Creative Commons content, and video game modifications. If the creator never makes any money from selling said content, is ...
6
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1answer
342 views

Who would have to pay for the damage resulting from sitting on a freshly painted bench?

When a bench in a public area gets repainted/lacquered, there’s typically a sign that reads "Wet paint!", which should warn people not to sit on the bench. A blind person can’t read this sign, sits ...
5
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1answer
176 views

How are emotional distress damages quantified?

In TV lawsuits, it's common for the plaintiff to request large amounts of money for emotional distress not caused by physical harm. What actual guidelines can be used in California for evaluating the ...
5
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3answers
225 views

Acid attack on garden - perp arrested and charged

My neighbour threw acid over my garden; he has been charged for criminal damage. I was told by a (junior) policeman that I'd need a loss assessor's assessment on the amount of damage before the first ...
5
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1answer
141 views

Charges for damaging a privately-owned Confederate Flag

I have two questions. In North Carolina, Does the Confederate flag enjoy any special legal protections that would make damaging one (that doesn't belong to you) a more serious charge than damaging ...
5
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1answer
150 views

Legal action that can be taken by nannies?

If the child being watched (9-10 years old) by a nanny frequently physically attacks the nanny, sometimes causing severe pain, can the nanny take any form of legal action? The nanny in question is a ...
4
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4answers
536 views

What's the purpose of large judgments against a defendant that clearly can't pay?

A few years ago I was on the jury of a civil trial wherein we ruled that the defendant should pay millions of dollars to the plaintiff. They were found guilty in the criminal trial and were not ...
4
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3answers
149 views

Why are damages awarded in civil suits far higher in the US than (continental) europe?

In Bollea v. Gawker, Bollea was awarded $140 million damages for "invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress". This seems orders of ...
4
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2answers
118 views

If suing for property damage can I claim for my time spent to replace those items?

I am claiming compensation for property damage due to negligence. I will simply using the money to replace the damaged items. Can I also claim for my reasonable time in replacing the items? For ...
4
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3answers
184 views

Can one reasonably respond to a bogus employer demand letter without a lawyer?

A strange situation has came to me recently. Me and my former employer have not parted on the best of terms, and a few months later, I have received a letter from an attorney representing my former ...
4
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1answer
3k views

Is a public establishment liable for insect stings?

If a patron gets stung by, say, a wasp, while seated in a restaurant, can the patron sue the restaurant for pain & damages? Would an allergy to wasp stings make the case stronger? Would it matter ...
4
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1answer
103 views

Is there duty to mitigate damages by killing and replacing injured animal instead of curing it?

Say somebody ill-treated my animal which I kept as a pet. It got severely injured. To survive, it had to stay at the veterinary for 2 weeks. The bill was 20x times higher than the market price of the ...
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0answers
412 views

How can I compel my neighbor to address damage they care causing my property?

My neighbor has an energy efficient low e window. They have had it for about 10 years, but over time it has slowly been causing damage (melting) our vinyl siding. This article details the way the ...
4
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1answer
206 views

Catherine Middleton topless pictures ruling - why €100k in damages?

As currently reported in the press, Catherine Middleton (the Duchess of Cambridge) sued the French magazine Closer for publishing topless photos of her sun-bathing, and she and her husband were ...
3
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1answer
601 views

Meaning of uppercase paragraphs in software licenses

For example, in the MIT license we find this paragraph: THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF ...
3
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3answers
412 views

What is the likelihood that you would win a case of defamation if you cannot prove who sent it?

For example, if I were to have a scorned friend who is seeking my demise and he/she calls my employer and calls me a rapist or accuses me of sexual harassment, would it be effective to sue? Even if ...
3
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1answer
384 views

Compensation for custody awaiting trial resulting in acquittal?

I was accused of a crime and held in custody for 8 months then acquitted at court, I missed the first 8 months of my only child's life, and lost both my job and my partner. Could I be entitled to ...
3
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1answer
65 views

What happens if I licensed a contribution to an open source project but it is discovered that I did not have the right to do so?

Suppose I made a patch to Linux kernel. I am supposed to confirm that I own the code. (Forgive me if "own" is not the correct term.) As I understand, this is a specific case of a general concept ...
3
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1answer
408 views

Coat checks warning

I got into a debate with a friend about the disclaimer you see on coat checks, parking lot tickets, and other similar "contracts." There is often text printed on the back of the tickets you receive. ...
3
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1answer
67 views

Liability for damage in rendering aid in case of mistaken danger?

This example is entirely fictional. One morning whilst walking to my car, I notice that my elderly neighbour who lives alone is laid out on the floor of her living room. I knock on the window, but ...
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0answers
72 views

How much to sue for something intangible not being met

In BC there is a right to Quiet Enjoyment which is at least partly the responsibility of the landlord. If a tenant was forced to move out due to Quiet Enjoyment not being fulfilled, how much would ...
3
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1answer
103 views

Is the Defendant Legally Entitled to an Itemization of the Damages they Are Being Sued For?

I live in California and am being sued by someone in Small Claims court who moved into my apartment for about two months with the intention of becoming a formal 'roommate' but, ultimately, had to ...
2
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2answers
650 views

Fighting false debt collection

I went to a dentist, whose name doesn't belong here, got some xrays and a prescription. The bill was $104.00, which I paid the same day. Next thing I know, they are sending me to collections for ...
2
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1answer
92 views

Sue the government for damages caused by retaliation over non compliance?

Lets say you're a college student with a passion for amateur chemistry. Your going to school to be a chemist. As such, you make legal purchases online for equipment over several years. At some point, ...
2
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1answer
88 views

Damages done while in the line of duty?

If a police officer was in pursuit of someone else's car, with their lights and siren on and there was a second police car following the first police car, but they did not have his/her lights, or ...
2
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3answers
260 views

Is it ever illegal to quit a job without warning?

I know 2 weeks notice is customary but not required by law when quitting a job. Is it ever illegal not to give notice? For example could a surgeon quit just before he was supposed to do surgery, or a ...
2
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1answer
99 views

Dog was attacked, owner gave false info. What to do?

So here's the situation: First of all this is all happening in Ontario My friend's dog was attacked recently by a 6 month old boxer, which despite its age, was strong. She (the attacked dog's owner) ...
2
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1answer
112 views

What recourse do I have against commercial use of my image?

Somebody took photos of my wife on a treadmill at a gym without her permission. One of those photos appeared a week later in the local paper in an advertisement for a car dealership. Subsequently my ...
2
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1answer
173 views

Are there standards for detention of property in connection with a search warrant?

We know that police and government are not liable for damage caused in the course of warranted searches. We also know that people who are not suspected of any crime can have their property searched ...
2
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1answer
49 views

Valuation of a Person's Life

When awarding damages in a wrongful death suit, what criteria are used to determine the "value" of the person's life? Does the plaintiff and/or defendant have any input into this process?
2
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2answers
39 views

Damages when third party contractual obligations prevent mitigation

In the SCO v Linux fisco SCO argued: sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but ...
2
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0answers
26 views

Apportioning a settlement in one case for damages calculation purposes in a second related case

(Sorry this is a bit long, but the question is straightforward. The broad situation described is real, however, although generalised.) Background Alan buys a substantial and valuable income-...
2
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0answers
178 views

Can you re-assign TAA lease without being liable for damages?

Texas Apartment Association (TAA) apartment lease contract has the following: 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent ...
2
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2answers
1k views

Metropolitan District vs HOA in Colorado?

I am looking at purchasing new property in Colorado that is not part of a HOA but is part of a "metropolitan district". I had never heard of these before and tried to do research but they appear to be ...
1
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1answer
138 views

Can ignoring a person on the Internet make me responsible somehow?

A few days ago I got to know a person on a social network. We had a few days of innocuous conversations on WhatsApp, but then they started becoming intrusive and imposing and didn't respect my time. ...
1
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3answers
171 views

What monetary award can be received when a bureau is negligent to punishing their officers?

Overview: My partner has been going through a very drawn-out battle against the Portland police, mainly in regards to a single police officer. This officer had used various police resources and ...
1
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1answer
80 views

What if persons involved in the accident with the same Insurance company?

I really don't know how to ask this question properly, but this is my situation. Last week, a car rear-ended me while I was waiting to make a left turn, because there was on-coming traffic. It was ...
1
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1answer
46 views

What liability is there for a company whose genetic modifications make their way into originally non-modified crops?

Assume that a company has created genetically modified crop plant. A farmer purchases some seed from this company and plants this seed in his field. Somehow, that genetic modification jumps species ...
1
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2answers
82 views

Can the plaintiff in a civil case change the requested damages after the defendant has already been served the summons?

I have a very oddly specific situational question; In a civil lawsuit where a plaintiff is attempting to gain a sum of money from the defending party, is the plaintiff and their counsel allowed to ...
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2answers
1k views

To what extent can mental illness create a defence or mitigation against liability in a civil case?

I'm thinking here of both UK and US law, which I assume will differ. Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
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1answer
431 views

Legality of absolving martial arts class of responsibility if injury or death occurs?

Although people sign a declaration before skydiving, that they are aware they may die, the parachuting center can still be charged for manslaughter if the parachute doesn't open. Does the same ...
1
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1answer
88 views

Recourse for damage to an item loaned to another?

When you loaned someone your car, and the car came back in a bad condition, most things are not working like hooter, reverse lights, windows cracked, etc., can you legally demand him/her to fix the ...
1
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1answer
56 views

Calif Small claims - HOA approved work that caused water damage to my condo

I believe it is reasonable to place responsibility for a busted waterline with the HOA and roofing contractor. Can I get thoughts from this forum on responsibility? ...or, Where can I research this? ...
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2answers
76 views

When parties settle without going to court, what prevents from suing for same thing?

Say party X wants to sue party Y for $500 in damages. If, after some negotiation, party Y agrees to pay party X $400 if they don't go to court and make things quick and easy and party Y agrees. What ...
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1answer
141 views

Is there a benefit to leaving out a poor defendant from a suit and only suing the rich defendant?

If the poor defendant is sued as well as the rich defendant, could the jury end up assigning too much of the award to the poor defendant? Is that a reason to only sue the rich defendant? Assume that ...
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2answers
341 views

Can a design freelancer be sued for “potential earnings lost” by a client?

I am a freelance graphic designer working part time We didn’t have a signed contract for any work (my mistake- I only work through friends and family referrals part time). I was making a new ...
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1answer
91 views

Is overselling breach of contract or mistake?

Where does overselling stand in terms of contract law? Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is ...