Questions tagged [liability]

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

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82 views

does gaia.com break the law?

Gaia.com is pushing conspiracy theories about reincarnation and aliens which would hopefully be fake to a normal folk robbed by a gaia.com ad, this is another way of making money using lies, is this ...
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1answer
58 views

Can my employer ask me to return sick pay if I claim loss of earnings?

I have been employed by the same employer for a number of years, and they have recently provided a revised 'terms of employment' document which includes the following new paragraph It is a ...
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1answer
81 views

How accountable are dog owners for their animals' actions?

I realise that if I forget that the garage door is open and my dog gets out and bites someone I'm in big trouble. What would be the case if I'm sleeping in my house and someone breaks in and my dog ...
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2answers
89 views

Does replacing a gated fence with a gateless fence reduce backyard liabilities?

When I put in a pond, the city engineer warned I must have it built within a fence, to reduce liability, e.g. if a child entered the backyard and fell in the water. Though there is a fence, I'm sure ...
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2answers
52 views

Do not understand Liability Release paragraph

I participated in a data science competition. I won and in order to claim the prize I need to sign a DECLARATION of ELIGIBILITY, PUBLICITY AGREEMENT, & RELEASE OF LIABILITY. There are three main ...
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49 views

Does a warning sign absolve legal liability? [duplicate]

I saw a dump truck that had one of those signs that says "Keep 100 feet away. Not responsible for broken windshields", and it got me thinking. While I'm glad they have the sign (gives me a ...
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6answers
2k views

How do trademarks apply to Open Source?

How do trademarks apply to open-source? Hypothetical: In the early 1990s, there is a company operating under the name Portable Network Graphics, who brands their products with the mark PNG. They ...
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0answers
25 views

Why limiting the liability in the Terms of an App to 150% service fees?

A language learning app from a German company states in their Terms the following in their "Limitation of Liability" section: We shall be unrestrictedly liable for (a) injury to life, body ...
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1answer
40 views

How to relinquish copyright for hired help [closed]

I have a small video game that I will be selling. Some people volunteered to translate it into different languages. I also paid for assistance creating some music for it. Everything is done already ...
2
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1answer
141 views

Do pedestrians have the right of way in parking lots?

Consider a parking lot, such as this one: specifically, its one-way lanes. If a pedestrian is crossing them, does he have the right of way? If a car hits a pedestrian there, is there a conceivable ...
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0answers
57 views

Is a homeowner liable for the actions of a contractor?

Suppose a homeowner hires a contractor to haul debris off their property to the local dump. Can the homeowner be held liable if the contractor instead just illegally dumps the debris by the side of ...
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1answer
2k views

Liability if someone is hurt on my property

My neighbor sometimes mows a ditch on a far side of our property without asking. The ditch is steep and I'm concerned he may tip over the mower and get hurt. I have 2 questions: If this does happen, ...
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3answers
111 views

Legal Obligations of the Designated Next of Kin – The Deceased Lived Overseas

I find myself in the position of Next of Kin to handle the arrangements for my estranged father. He passed away in a South East Asian Country where he was a permanent resident. I was contacted by the ...
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1answer
44 views

Does a resident (Non owner/renter) of a condo have any responsibility for damages done to another unit? (US/Florida)

Situation: I live with my mother in a condo. The condo is 100% in her name, the only legal relationship I have with the property is that it is my official residence. A water leak caused damage to ...
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1answer
50 views

How far does liability extend in a civil conspiracy?

Acme LLC makes widgets. Bob is a member of Acme. Bob tries to take Acme's widget maker, thinking he can operate the machine himself, but breaks it in the process. Of course Bob has also violated his ...
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1answer
27 views

Does hosting, developer or user location determine which laws apply?

Example scenario: I live in Switzerland and develop a software. I publish the source code (and maybe a binary executable file) on a server located in the USA. Let's also assume a user from another ...
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1answer
79 views

How liable are rental companies for the safety of their tenants?

There was a break-in and armed robbery at a high-rise in San Jose, CA USA, owned by a large property management company. Bodily injury was caused by assault. It happened in the middle of the night, ...
3
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1answer
187 views

Does a property owner have liability for signs others post in her yard?

Someone has a house with a yard that is close to a high-traffic street. People often post signs on the corner of this person's yard to advertise yard sales, political campaigns, and more. This is done ...
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1answer
22 views

Does a company have to disclose a data breach as part of the agreement with the SEC to be publicly traded?

If I run a publicly traded company that's releasing hardware and that hardware is compromised and customer data is harvested, do I have to publicize that leak's existence? What if the people that ...
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2answers
45 views

Can a company waive liability for a self-employed contractor without the end client being a party to the agreement?

Consider a self-employed web developer whose work is outsourced from another web development company. That developer could be liable for any mishaps and could be sued by their clients. The web ...
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2answers
2k views

Repercussions of defying the Cookie Law

I was wondering what case law is out there on the subject, or, if there is not much, what real repercussions can website owners who defy the Cookie Law expect? Say Bob is not only pissed off by the ...
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1answer
107 views

Neighbor Suspected a Leak and Opened Up Their Ceiling - Am I Responsible for Repair?

Downstairs neighbor suspected a leak in their bathroom and opened up their ceiling to see where the water is coming from. It would appear that a small leak is coming from below my bathtub, this was ...
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1answer
140 views

Accountability for Attorneys - does it exist? [closed]

I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I ...
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1answer
101 views

Can vehicle owners ever be held to account for accidents caused by someone else driving?

Bob owns a car. Rob borrows it, drives, breaks some road rules and causes an accident with a hell lot of damage, blood and sorrow (all hypothetical). Under what circumstances can Bob be held liable ...
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2answers
78 views

What crime could occur while processing non-fungible tokens without copyright?

Alice creates a non-fungible token (NFT) of a digital file that they do not own copyright of. She adds the token to the ethereum blockchain, and creates a transaction that transfers it to a wallet ...
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3answers
60 views

If someone has significantly less assets than the monetary value of an umbrella policy is there a concern for being sued for their personal assets?

If someone has an umbrella insurance policy for a large amount, for example, $1 million and they have significantly less personal assets (for example $100,000), would it be possible that a lawyer ...
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1answer
112 views

Accident at Ace Chemical Processing - New Jersey

It is 1988, New Jersey. In the area commonly known as Gotham, a poor engineer, let's name him John Doe, is forced - under the threat of death and bodily harm on denial - to take part in a small crime ...
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1answer
43 views

CAN-SPAM Act - Commercial Advertisement or Promotion

CAN SPAM Act requires telling your email recipients where you're located: Your message must include your valid physical postal address. This can be your current street address, a post office box you’...
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3answers
878 views

Can a free website have a terms of service?

I co-own a free website that recently underwent a spam attack. I have considered a terms of service to keep people from abusing the website. However, upon reading sites that inform me how to create ...
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2answers
144 views

Stochastic legal liability

I am trying to understand how do legal systems handle situation where there is no clear causal responsibility of a person, but a well established stochastic relation. I am aware of the "beyond ...
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3answers
72 views

Are freelancers liable when products they develop for a client suffer data-breaches?

Supposing this is a freelancer & client in the EU and that a website was reasonably secured when developed. Imagine there are no written contracts and a year after delivery this client's website ...
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1answer
152 views

Growing hot chilis in private but accessible garden

I own a few acres of land in a community garden were I plan to grow some of the hottest chilis in the world. The community garden is clearly marked as private property and fenced in. However the gates ...
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1answer
57 views

What Is the Impact of Liability on Billing for Work Not Done?

First things first, sorry for the uninspiring title. Please edit it if you have a better one for the question! This question arose from a comment on a related question which I posted. The question ...
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3answers
142 views

Who is liable if somebody takes a check written to them before the funds are in place to cover it?

This is hypothetical. Suppose I write out a rent check to my landlord, but I don't give it to him. Instead, I leave it on my desk because I still have to deposit funds to cover the check. Unbeknownst ...
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1answer
67 views

Liability for hyperlinking

Is there any jurisdiction which holds a website liable for policies of another website for hyperlinking to that website.Liability refers to any requirement like tracking number of link clicks or ...
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0answers
21 views

Product use documentation and company customer service info conflict, which info is the company liable for?

In Canada (Ontario) a customer buys a product manufactured by company A. One of the components of the product is produced by a third party (company B) and has a label stating the limitations of this ...
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2answers
59 views

Liability of non-fault driver after impact

I have seen many dash cam videos that show cars impacting then just rolling on without driver input until they roll into something solid. It seems that after impact some drivers just take their hands ...
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1answer
134 views

Homeowner's liability for a social guest injured by a danger unknown to the homeowner [closed]

P is a social guest, hence a licensee. A flowerpot fell from the balcony and injured P. Is the homeowner liable to P? Suppose that the homeowner claims that she was not aware of the danger. ...
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1answer
74 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 ...
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1answer
85 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, ...
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32 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
157 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 ...
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1answer
121 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?
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1answer
19 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 ...
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23 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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131 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 ...
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1answer
60 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
54 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 ...
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1answer
74 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
42 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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