Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
357
questions
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Tenant is asking for coving living expenses of electrical issue caused by condo building that got fixed as soon as possible
I have a condo apartment in a high rise building which I rented out to a couple. There was an issue in the power panel of the floor that caused the power of my unit to flicker for the last 5 days. It ...
0
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1answer
58 views
Liability for vaccination required by employer
Suppose a current employee of some company is required by that company to receive a certain vaccination to remain employed. If the employee suffers damages by receiving the vaccine and it can be shown ...
1
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1answer
73 views
Are ASMR Creators and Platforms that show Adverts liable for damaging the listener's health?
Over the last few years ASMR has become very popular.
If you don't know what ASMR is, it's video/audio content (popular on Youtube and Twitch) where the host whispers or taps on the microphone, ...
0
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0answers
30 views
Is President Trump exposed to civil liability by releasing a (presumably) surreptitiously recorded version of his interview with 60 Minutes? [duplicate]
Here is a version of President Trump's interview with 60 Minutes. Assume President Trump or someone working for President Trump recorded this video with an I-Phone without knowledge by 60 Minutes.
Is ...
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2answers
76 views
Is Twitter liable for its content?
Twitter has allegedly censored a New York Post story alleging possible corruption by Hunter Biden and, by implication, Joe Biden in overseas business dealings.[1]
Sen. Ted Cruz on Thursday said ...
0
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1answer
51 views
Open Source liability if I accept donations?
If I have an open source project with the MIT license and I accept donations, does that change my liability?
0
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1answer
17 views
Third Party Liability for representations
(I suspect this looks a bit like a homework question. Its not. I have tried to distill the question as much as possible). I'm interested in how this would typically be answered in countries based ...
0
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0answers
22 views
Could someone be liable if they intentionally congregate after testing positive for coronavirus?
As I understand it, in most states it's a criminal act to knowingly engage in unprotected sex if you know you have a sexually-transmitted disease and don't inform your partner. If the disease is life-...
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0answers
128 views
Under what circumstances could laying hacker “traps” cause civil or criminal liability for non-law enforcement civilians?
The answer to If a hacker is infected as a result of their actions, is the victim liable? that explained laying a trap to injure someone could go either way depending on the severity of the injury and ...
2
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1answer
52 views
Is an independent contractor liable?
If an independent contractor performs work or provides consulting services to another company, and that company suffers a loss (or deems to suffer a loss) due to the independent contractor, can they ...
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2answers
52 views
Service Company Charging for Replacement of Asset After Not Collecting Asset Upon Request [closed]
Our company had enlisted the services of a waste management company during construction. We had used their garbage bin, in Feb 2020, and requested them to pick it up as it was full on Feb 17th. They ...
0
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1answer
72 views
Liability for felony theft in Massachusetts [closed]
I recently discovered that my recent ex-girlfriend had been stealing money from me. She had stolen my credit card information and used it to purchase Visa Gift Cards on Amazon. This occurred during ...
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1answer
40 views
How Are LLC Liabilities Prioritized? e.g. Are Bank Loans Paid Before Legal Settlements?
Consider an LLC that owns a rental home worth $700,000 and has bank debt of $500,000. A renter slips, falls, sues, and wins a $300,000 settlement. Is the bank debt senior to the lawsuit, leaving the ...
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1answer
101 views
Is onetoughnerd.me protected by the 1st Amendment?
I saw a website that appears to be making fun of Rick Snyder, and specifically his handling of the Flint Water Crisis and his Twitter handle. As the following log shows, it redirects to a URL ...
1
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2answers
102 views
Why is the manufacturer of a wireless radio device responsible for preventing end-user modifications? [closed]
One of those things that irks me about the FCC regulations is that manufacturers are responsible for preventing, and can apparently be held liable for, end-user modifications to wireless radio devices ...
3
votes
3answers
277 views
What is the exact meaning of this Article about loss of liability limitation?
The Article below comes from a Convention. I am confused about the exact meaning of its last part:
A person liable shall not be entitled to limit his liability if it is proved that the loss resulted ...
2
votes
1answer
117 views
When can you file a lawsuit against a “parody” website?
Hypothetically speaking, if someone were to make a website about 4 different lawyers and 2 different firms and promote it as a parody website using elements of breaking bad, better call saul, etc.
...
1
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1answer
85 views
Stolen code in a GPL repo
Quite an odd thing has happened. A software author as released a repo under GPL 3.0 license
But inside that repo is code that the author doesn't own in any way and has no license. Now when people fork ...
0
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2answers
70 views
Does a work reference have liability?
Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate?
I've seen some companies ask ...
0
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2answers
70 views
I want to provide a online service/app to the world which might not legal in all countries/jurisdictions but mine. What next?
If i provide an online service/app to the world which is legal in my country/jurisdiction but might not be legal in other locations, what i have to do or what might happen to me?
I mean every ...
0
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1answer
67 views
Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods
I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country ...
6
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2answers
126 views
Has omitting “but not limited to” ever resulted in a lost case?
Given the ubiquitous use of the phrase "including, but not limited to," have courts ever actually upheld a misinterpretation of the English word "including" to instead mean "...
0
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0answers
70 views
Is Trump's COVID-19 liability waiver enforceable?
In order to get tickets to Donald Trump's campaign rally this weekend, you're required to agree to the following waiver of liability:
By clicking register below, you are acknowledging that an ...
23
votes
4answers
6k views
Can I be liable for vandalism if I have posted a political sign on the property?
I have posted a political sign on the front lawn of a house I am renting. The landlord has told me that if I don’t remove this sign, I will be liable for any vandalism occurring to the house, as he ...
11
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3answers
8k views
If a stolen item is stolen again, who has the liability?
This is a follow up on a poorly phrased question. Assume a car is the only asset anyone has in this scenario.
Person B steals a car from person A by forging the registration in a fraudulent manner.
...
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2answers
74 views
Can a fine incrue interest? Can a fine be/become unreasonable?
In the United States, there are certain situations where you must pay a fine that government in the United States puts upon someone.
However, is it legal to impose a fine greater than what a person ...
0
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0answers
22 views
CDA 230 and moderation of subreddits
On the site Reddit anyone can create a "subreddit" to which people can make posts and comments, with the creator of the subreddit being able to moderate posts and comments. Does CDA 230 even apply to ...
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1answer
278 views
Is a grievance filed during an acute episode of mental illness valid? [closed]
During an acute mental health episode last year, I emailed my department chair complaining about the "tone" (and wording choice) of some of my former professor's communications, accusing her ...
0
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0answers
15 views
Will E&O and GL insurance protect an employee against losses arising from his employer's indemnification demands?
This question assumes that an employee has a contract with his employer to indemnify them if there is a loss to the employer's client. I called an insurance agent, and he did not know if such ...
0
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0answers
39 views
Strict liabilty
In Civil Law legal system there is a distinction made.
Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
12
votes
1answer
2k views
Neighborly liability?
My wife and I have been building a playhouse for our kids on the backyard. Our neighbor keeps telling my wife that we must put up a fence and/or get lots of insurance because if her son gets hurt in ...
0
votes
1answer
45 views
Liability and Responsibility what is the importance of the distinction in common Law
In Civil Law( legal system) there is no distinction between Liability and Responsibility.
One can only seek(judicially) the cessation of an illegal act if they have suffered damages.
One can only ...
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0answers
24 views
Ebay return shipment of courier 'prohibited' item - li-ion battery
I ordered a replacement battery a couple of weeks ago. The seller sent the wrong battery. Now I need to return it.
The courier with which the seller sent the battery prohibits the shipment of ...
0
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1answer
26 views
Risky to provide summary of legal document with the document?
I'm planning on including Terms and Conditions, Privacy Policy, etc for users of my website. Following best practices I want to require affirmative "I agree to the terms and conditions" (or similar) ...
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2answers
97 views
How can I safely provide a free online service?
I am developing a website for secure sharing credentials. Similar to https://www.cloak.sh/ .
How can I protect myself and hopefully eliminate all my liability, while still providing a service "...
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votes
1answer
44 views
Does mens rea completely absolve responsibility/culpability of the parties involved?
Using the English Law's definition of mens rea does not meeting the standard of it completely absolve the parities involved of any guilt and responsibility for the incident.
Mens rea
Direct ...
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votes
1answer
103 views
Wrongful death suits against government officials
Can state governors be held liable in wrongful death suits where the deaths are proven to be a direct result of violating all known medical advice and scientific assessment?
I remember that anti-...
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1answer
117 views
can police accept my guilt in a state of shock?
can the police legally take my admission to a car crash when I am in a state of shock in the middle of a car crash? and if not under what act?
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2answers
74 views
Personal liability forum shopping: When does US personal liability law apply? When can it's application be excluded?
I am interested in the possibilities of forum shopping in regard to personal injury claims. (Tort and contract.)
For the sake of argument, lets assume a manufacturer M that manufactures electronics ...
2
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3answers
123 views
Are there laws in the USA that prevent news from reporting false information about a situation that could put lives at risk?
There has been quite a bit of misinformation flowing about COVID-19, some of it has even been reported on major news agencies, the one most heard about being Fox and Friends claiming, falsely, that ...
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2answers
75 views
Individual vs. corportate liability for inherently dangerous activities
These days a lot of people make their living on YouTube, doing inherently dangerous things and filming them. For instance, there's those people who climb up unfinished skyscapers without any safety ...
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2answers
33 views
Entertainer Delima with Performance Rights Organization Licensing
I am an entrepreneur who entertains patrons in bars and restaurants for profit similar to a DJ.
I am very aware of the legal implications of playing copyrighted music/songs in public and the business/...
3
votes
1answer
108 views
Can you sell a program that breaks the Terms of Use of a website?
I want to sell software that automates user activity on a website.
Automated interaction is against the website's Terms of Use, as you would expect.
Is it possible to legally sell someone a tool to ...
0
votes
1answer
59 views
Why does MirOS licence have liability exception?
MirOS licence has this warranty disclaimer:
This work is provided “AS IS” and WITHOUT WARRANTY of any kind, to the
utmost extent permitted by applicable law, neither express nor
implied; ...
0
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0answers
16 views
Product Liability and Consumer Expectation Test Regarding Cannabis Edibles [California]
There's a case where a first time edible user takes a gummy and incurs permanent health damage. I have to argue the stance that the consumer expectation test fails and there's a design flaw with the ...
0
votes
1answer
40 views
When does liability and actions defer to the corporation
This question arises from the following question:
WorkPlace_Refusal
If you are requested by an executive to perform a task that you believe is illegal, the executive assures you that it is legal, ...
0
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0answers
11 views
Designating an individual or third-party as DMCA Agent gives extra protection? And is it liable?
According to the United States Copyright Office, https://www.copyright.gov/rulemaking/onlinesp/NPR/faq.html:
“A designated agent may be an individual (e.g., “Jane Doe”), a
specific position or ...
0
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0answers
20 views
Can one company sponsoring or advertising on a website cause liabilities for the sponsoring company if the website has problems?
I've always been curious how this works. Say there's Company A and Website B.
Website B does things that are in the grey area of law. Company A tries to operate fully legitimately as an actual ...
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votes
1answer
135 views
How might I hold neighbor liable if a hazardous tree falls on my property? [duplicate]
My neighbor has a tree planted near the fence, and it overhangs my property. Branches have fallen but have not caused any damage. I want to ensure that the neighbor would be held liable should there ...
0
votes
1answer
92 views
Over 3 years to put me back in my house after a fire at the personal cost of over 90k. Who do I sue?
Over 3 years ago I had a fire in my home that is still not ready to move in. After the abatement (6 months) the first contractor decided not to do insurance anymore. Decided not to take the contract, ...
