Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
2
votes
1answer
76 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 ...
40
votes
5answers
10k 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 ...
0
votes
0answers
23 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 ...
1
vote
1answer
31 views
Closed-source licence that limits liability and warranty [on hold]
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 ...
0
votes
2answers
56 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 ...
0
votes
1answer
38 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 ...
3
votes
2answers
46 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. ...
0
votes
0answers
30 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?
0
votes
0answers
38 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 ...
13
votes
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 ...
0
votes
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".
...
0
votes
1answer
52 views
Liability of employer on false information to employees [closed]
My employer mailed a letter to all its employees (approximately 10k) in beginning of November 2018 stating (in bold letters) that as of January 1, 2019, employees would be allowed to take out loans ...
0
votes
0answers
11 views
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 ...
0
votes
2answers
45 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 ...
0
votes
1answer
85 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 ...
3
votes
2answers
131 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 ...
0
votes
1answer
46 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 ...
1
vote
1answer
35 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. ...
0
votes
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): '...
1
vote
2answers
47 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 ...
1
vote
1answer
32 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 ...
2
votes
1answer
61 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 ...
0
votes
1answer
67 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 ...
3
votes
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 ...
0
votes
1answer
47 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 ...
1
vote
0answers
40 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.
1
vote
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.
0
votes
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 ...
1
vote
1answer
25 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
votes
1answer
194 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 ...
1
vote
1answer
83 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 ...
0
votes
2answers
56 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 ...
1
vote
1answer
303 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 ...
1
vote
1answer
64 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 ...
2
votes
3answers
52 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 ...
1
vote
2answers
369 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 ...
0
votes
1answer
48 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 ...
5
votes
1answer
107 views
Is an agreement enforcable that makes parents liable for a child’s behavior at school?
Hypothetical facts
Alice is 17 (a legal minor).
Alice attends the 12th grade at Bob High School (BHS), a California public high school.
BHS loans Alice a laptop to do her school work.
As a condition ...
-1
votes
1answer
100 views
Is Bank responsible for protecting me from fraud?
I applied for a part time job on Indeed to be a “Secret Shopper for Walmart”. I took the bait and was sent a check for 2k and given an assignment to buy iTune cards at two Walmart and do a customer ...
2
votes
1answer
96 views
Is it legal to eat or drink items before paying for them in Georgia, USA?
My wife, two year old daughter and I went to a clothing store in Georgia. My daughter was being fussy after she saw some candy and soda that she just could not wait. So, I gave her the candy and soda. ...
1
vote
1answer
71 views
Service provider states I terminated the agreement by moving to a location they do not service, am I liable?
I signed a 24 month agreement for internet service while living in Atlanta. A month or two into the contract, my wife formally accepted a contract for a position 800 miles away (expensive move). We ...
0
votes
0answers
20 views
Is it allowed to include such Warranty Disclaimer in the Service Agreement?
Is it allowed to include a Warranty disclaimer in the SERVICE AGREEMENT as such:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ...
0
votes
1answer
46 views
Is there a difference in a lawyer's liability for “passive” versus “active”negligence?
For instance, "passive" negligence might be, "I didn't do A (required by the law or the code of legal ethics) because I genuinely didn't know that A needed to be done" (even though I should have). "...
0
votes
1answer
37 views
When a person dies is his estate liable for income taxes on a IRA ( USA)?
Is the deceaseds' estate liable for USA income tax on an IRA ? Or is the IRA paid out to designated beneficiaries which then makes them liable for the taxes ? Thinking of a modest amount , well under ...
0
votes
2answers
76 views
Liability for neighbor injured on my property
My neighbor does odd jobs for me such as taking out the trash, cleaning out the gutters, etc. They fell off a ladder and required medical attention. Recently, they received a letter from their ...
0
votes
2answers
106 views
Who is responsible for posts on Internet forums, particularly in Russia?
Are users or is the site owner responsible for posts on the forum?
Could it be different:
with or without a license agreement available on the site?
with or without a registration?
My concern is ...
6
votes
1answer
90 views
Waiver of liability: can I be required to waive an institution from liability from its negligence?
A certain University in New Jersey is holding a conference and organising an afternoon of excursions and leisure activities. It requires that participants sign a waiver containing the clause (emphasis ...
4
votes
1answer
112 views
Must a natural spring be disclosed when buying a house?
I purchased a home last fall just to discover, come spring, that it was on a natural spring.
It turned out that the spring is water table dependent and as such was not present during the time of the ...
20
votes
4answers
6k views
Can I sue an app for enabling harassment?
Can I sue an app for emotional distress?
My soon-to-be ex-husband has been using a fake phone number app in order to impersonate:
my child's school
the coroner's office
the police officers who are ...
1
vote
1answer
447 views
Am I required to render medical aid when off-duty if I am a doctor?
My family is dragging me along to a politician's ball. I'm not a very big fan of this particular group of attendees, to put it mildly, and have recently been day-dreaming of one choking while I raid ...
