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Questions tagged [liability]

Use this for questions where the award of damages, or its possibility, is involved.

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110 views

Is there a law that says you have to care for a minor that isn’t your child?

If a minor that isn’t your child would die if unhelped, and you were the only one that could help them, is there any law saying you have to?
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0answers
66 views

Can I get insurance company to pay for my storage fee?

I was in a car accident back in September 2018. after the incident i towed my car back back to our home and park it on the side of my residence. The insurance Company finally made me an offer for my ...
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1answer
45 views

Can I sell a Craigslist/FB Marketplace item in a local store?

I want to sell a high value cell phone but I also want to stay safe. Are there any issues with me choosing a local grocery store or restaurant to conduct the transaction (goods for money)? Does it ...
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1answer
42 views

Legal exposure in publishing stock predictions

I was told that there might be legal aspects that I'm not aware of so I'm asking this question. Since late November two AIs I've built have been generating predictions about stocks found on the ...
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1answer
91 views

Is it illegal to ask a company for money in exchange for information on a bug in their software?

Let's assume that I have a found a bug in a company's website/software which – if exploited – bypasses their paywall and allows me to use their website/software without any payments. I then inform ...
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2answers
62 views

Is a contract valid if it releases a party from liability for probable injury?

Suppose party A contracts with party B to release party B of liability for all possible injury resulting from party B providing party A a service in which there is significant risk of injury. If a ...
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1answer
110 views

Liability of online service provider for illegal user content?

Suppose someone develops a chat app where you can send messages and pictures. Messages are stored in a database. The developer, who is also the site owner, would have pretty much access to every ...
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1answer
146 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
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1answer
47 views

Was anyone held liable/accountable in the 2018 Hawaii False Missile Alert?

On January 13, 2018, with belligerent threats and nuclear tensions between the US and North Korea on a knife edge, civil authorities in the US state of Hawaii sent out an alert to all cell phones, ...
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2answers
106 views

What happens to a company's negative value property if it is liquidated?

What happens to annoying burdensome assets during a company's liquidation? Perhaps a company owns a mine filled with deadly arsenic trioxide waiting to break out into the environment, or something ...
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1answer
97 views

Lease agreement contradicts application and the real tenant is no longer here. What are my rights? [closed]

I'm in a predicament whereby my roomate is beginning to stay elsewhere and I'm not sure what my rights are. She was the only applicant and one that initialed(!) anything on the lease agreement. ...
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2answers
97 views

Cyclist contacts overtaking car - who is at fault?

Say a car narrowly overtakes a cyclist who at that moment starts to signal that they want to turn by extending their arm outwards toward the car. The car left so little room that the cyclist ...
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3answers
104 views

What is a software developers liability for medical devices

I am an employee of a contract employer being contracted out to a medical company writing software for medical devices. What is my liability or who shoulders the legal expenses if a product I wrote ...
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2answers
94 views

Icy conditions, who is to blame?

We had a bout of freezing rain last week. While I was driving to work, I stopped at A US Customs Inspection Lane (I commute from Canada). Due to the crowning of the plaza, my car slid sideways 90 ...
2
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1answer
139 views

Can you unilaterally renege on a signed contract if the other party tries to push you into doing something illegal?

This question came up when I was reading this recent thread: Is it illegal to infringe copyright if your boss or your client ordered you to do it? in which that the poster was asking about a ...
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5answers
15k views

Is it illegal to infringe copyright if your boss or your client ordered you to do it?

The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it ...
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0answers
28 views

Limitation of Liability cant exclude all types of Liabilities?

So i am drafting Limitation of Liability for my free website, and ideally i would wish to wave all the liability, but as i discoved when doing some reading that you can't wave some liabilities such as ...
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1answer
38 views

Closed-source licence that limits liability and warranty [closed]

Is there any software licence that I can freely grab that only limits my liability while not additionally allowing any distribution and have other open-source permissions? Since what I understand is ...
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3answers
101 views

Legal Limits for damage reparation

In the 2004 German movie The Edukators, part of the characters motivation revolves around a damage reparation: "Jule is a waitress struggling to pay off a €100,000 debt she incurred a year ago when ...
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1answer
43 views

Is employer liable for theft of personal property

If I bring say my headphones to my work, and they are stolen under the following circumstances, can I legally sue my employer and prevail, i.e. they have a duty to provide reasonable safety and ...
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2answers
47 views

Is there a need for a license agreement when two programmers want to join forces on a common side project?

Recently me and an acquaintance have been talking about working together on a side project. I know he operates his own LLC and probably wants to release the side project under the LLC which is fine. ...
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0answers
31 views

Merchandise left at a retailer [duplicate]

How long do i have to keep merchandise from a customer? I have a customer who has left merchandise in my store for over 3 years and wants to claim What is the law in florida?
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0answers
39 views

What are the legal risks in removing other people's baggage from a conveyor in baggage reclaim?

I originally asked this on Travel.SE, but didn't get any useful answers. So I thought I'd ask about the legal aspects here. For further details on why I was doing it, see the Travel.SE question. When ...
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2answers
1k views

By selling a flagged solution to a student to catch them cheating, would the seller be liable for the breach of contract?

This is a follow up question to this HNQ question from academia. Suppose a student S posts an assignment for school/university/... on a freelancer website. A faculty member F sees this and agrees to ...
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0answers
19 views

What is the company structure that will effectively limit liability to the parent company, and not any of it's subdivisions?

I'm exploring different kinds of corporate structures. I'm in a unique situation where I have a very specialized construction industry but can operate under the blanket term "General contracting". ...
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0answers
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Deferred Operator, Borrowing Vehicle, Bodily Injury Coverage

Regarding bodily injury vehicle insurance (not collision), and in the case where a household member, John Smith, whose car insurance agency, for various reasons, marks another household member, Jane ...
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2answers
48 views

Car insurance and liability in Michigan

Insurance typically follows the car and not the driver, which means other licensed drivers can use your car. However, and I'm aware this is policy dependent, insurers generally do not allow for ...
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1answer
89 views

Roommate caused water damage to our condo, what are my options?

I live with 3 roommates and all 4 of us are on a lease for the condo owned by our landlord. TL;DR my roommate "Jim" caused water damage to several rooms and I'm looking for advice on what I can ...
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2answers
134 views

Responsibility of Microsoft for a bug in MS Excel

Our company is using a licensed version of Microsoft Products, including MS Excel 2016. We suffered some financial damage because of incorrect financial calculations, that occurred as a result of the ...
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1answer
64 views

Can previous homeowner file a claim for hidden damage on their old property?

We purchased a house in Texas 5 months ago. 3 months ago we discovered hidden water damage from a roof leak within exterior walls. Our insurance hired a third party engineering firm who concluded the ...
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1answer
42 views

Legal Liability for mentally infirm

(This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me) I am well past the age of majority. ...
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1answer
15 views

Can Mobile App Terms of Use contain General liability release?

The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility. Definition(s): '...
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2answers
49 views

What can individual programmers do to limit their liability risks from programs that they make available to the public?

This questions stems from my earlier question, Do individual programmers expose themselves to liability risks when they make their programs available to the public?. From the answers to the above ...
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1answer
36 views

Closed Source License with No Liability?

I’m writing a closed source program with a small group of people. We will be distributing it without the code, but I’m worried about two things: If my program deletes the user’s files or causes any ...
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1answer
62 views

Do individual programmers expose themselves to liability risks when they make their programs available to the public?

There are numerous useful apps, software programs, web applications, browser plug-ins, etc., that have been produced by individual programmers. Are these programmers exposing themselves to personal ...
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1answer
80 views

Mississippi lawsuit against Police that dont want to uphold a particular law on the books

If I attempt to press charges on an individual or individuals due to criminal activity and the officers or dispatch says they will not act on said violation what award could be awarded through a ...
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0answers
35 views

Can I allow use of a property while limiting exposure to liability?

I own a semi-rural property in Canada which I use as a seasonal residence; it's unoccupied for long periods. People in the surrounding community are accustomed to traversing the property ...
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1answer
48 views

If hit with a spamming/phishing scam, how should a company warn its customers? [closed]

Should a company consider writing up a waiver of liability before warning the recipients of a spam/phishing attack executed with one of its employees' credentials? What legal ramifications are there ...
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0answers
42 views

Why would a company with a market cap over $100 million choose to be a non-limited, general partnership?

Why would such a significantly profitable company choose to have unlimited liability? What benefits would still be afforded by the non-limited, general partnership structure? United States especially.
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1answer
69 views

Advice about being secretly taped

I need to know if you can sue someone for pain and suffering after being secretly audio taped in North Carolina.
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2answers
37 views

In a disclaimer of liability, does the order of sentences matter?

Supposing that a "disclaimer of liability" is phrased in such a way that the meanings of sentences are independent of each other - would the order of presentation of the sentences have any impact on ...
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1answer
28 views

LLC liability for prior (sole proprietorship) product

Say that I start selling a digital product while operating as a sole proprietorship. I later go through the process to form an LLC, and then continue to sell the product under the name of my LLC. ...
3
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1answer
230 views

Can I sue the government because a minor on probation committed homicide?

My father was killed by a teenager last year in TN, USA. We are still in the one year statue of limitation for wrongful death civil suit. The suspect has been transferred to adult court and the ...
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1answer
116 views

Am I legally responsible for users misusing my service for cyberbullying? [closed]

Good evening from Germany, I the CEO of a start-up that offers a social network where people can anonymously upload posts (only texts) that users within five miles can see and up/downvote. It is ...
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2answers
61 views

Can I write about a *copy* of a dead celebrity?

I'm writing a science fiction novel and I want to use Jim Morrison (lead singer for The Doors who died 47 years ago) as a minor character. Actually, it is a copy of Jim Morrison uploaded after his ...
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1answer
305 views

My bicycle was stolen and I feel like I'm entitled to some compensation

I recently moved into a brand new apartment complex (most flats are still empty). Over a bank holiday weekend it turns out my bicycle (which I recently purchased for around £400) was stolen. The ...
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1answer
65 views

Do I face liability for publishing a ranked list of companies?

I want to create a website in which I will list various of companies in a niche area. I will write pros/cons and publish a ranking list based on my opinion. So my questions are: Can I create such a ...
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3answers
56 views

Can someone collect damages without providing receipts?

This question could apply to any part of the United States, but particularly to California, which is unusually consumer friendly. Suppose I am involved in minor car accident (basically a fender ...
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2answers
372 views

May I legally work in a restaurant with typhoid if the employer knows?

I contracted Typhoid while visiting family in Central America for a funeral. I work minimal wage at a restaurant/arcade preparing food, and cannot afford to miss work. My boss will not allow me paid ...
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1answer
51 views

Removing negligent care clause from service agreement

I'm already in an agreement with a dog walker/dog boarding service that takes care of walking my dogs and board them when I'm away and can't take them with me. Recently I've been notified that the ...