Questions tagged [liability]

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

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63 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 ...
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1answer
22 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 ...
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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 "...
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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 ...
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4answers
5k 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 ...
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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
68 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 ...
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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
249 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 ...
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11 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 ...
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35 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 ...
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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 ...
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1answer
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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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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 ...
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1answer
25 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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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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1answer
40 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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1answer
92 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
99 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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1answer
39 views

Personal liability formum 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 ...
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3answers
115 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
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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/...
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1answer
90 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 ...
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1answer
55 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; ...
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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 ...
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1answer
33 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, ...
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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 ...
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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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1answer
67 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 ...
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1answer
89 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, ...
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1answer
52 views

Does fraudulent conveyance only apply to bankruptcy?

Say creditor has a judgement and before the judgment I transferred assets to someone else. Can the creditor go after the fraudulently conveyed assets? Or is that only for bankruptcy?
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246 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
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1answer
56 views

Liability from conflict of interest

There are two co-owners, A and B, of a federal corporation C in Canada. B has a side job at a Canadian company D which has a non-compete clause in the contract. C and D do in fact compete. If a legal ...
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3answers
110 views

Who is liable when a consumer sues a company?

Recently, a vegan customer sued Burger King because a plant-based burger he bought at a Burger King franchise was cooked on a grill also used for cooking meat. This got me thinking: who would usually ...
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1answer
2k views

Can a website incur liability for linking to a funding campaign for a lawsuit against it?

A large website that hosts user-created content has recently announced that it is redacting links to a fundraising campaign for a lawsuit against it "under direction from [its] legal team." Is there a ...
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2answers
91 views

Liability for fire

I caused a fire in my building by disposing of a cigarette in a trash can (the building is in New York City). Obviously a stupid and negligent mistake. However smoking is permissible and the reason ...
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49 views

Purolator Shipping Insurance “At Shipper's Risk” clause

I shipped personal items from Canada to the US with Purolator. One package arrived significantly damaged (the delivery man also acknowledged and made note of this). I purchased 1200$ worth of ...
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1answer
60 views

Breaking stuff while doing someone a favor

Am I less responsible/liable for stuff that I break while doing someone a favor, and neither doing anything intentional to cause the break nor being negligent? For example: someone on the street ...
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1answer
97 views

Is it a HIPAA violation for a dentist office to print a patient's password on paperwork?

Dentist office just printed my password (to their portal) on their paperwork. Surely this is a HIPAA violation (or against best practices, HIPAA or otherwise). Can anyone confirm if so and point me ...
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1answer
37 views

Services liability for damages

If a service provider, such as a plumber, does a job incorrectly that directly results in extensive damage to your property, are they liable for the damages? New Mexico, US
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1answer
91 views

Does buying property on mortgage gives any sort of protection against future Compulsory purchase & massive devaluation

Background (inserted editorially) One of the risks of buying a flat / house is that the neighborhood will be declared blighted by the government which would then force property owners to sell their ...
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2answers
39 views

Hold Harmless-Want on half of LLC and NOT self

I recently applied to a position to teach yoga, as an independent contractor. I have formed an LLC, and now the gym would like me to sign a hold harmless agreement. I want to make sure the LLC is ...
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4answers
338 views

Can an employee be sued for gross negligence by reusing personal passwords at work?

An employee is using some easy guessable reused passwords well known to Have I Been Pwned. OUCH. Something bad happens. Can an employee be sued? Option A: An organization does not have password ...
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1answer
35 views

Do you loose liability protection if doing work for your LLC on your personal computer?

Do you have potential of loosing liability protection if doing work for your LLC on your personal computer (ie. a computer purchased with personal funds and not accounted for as being owned by the LLC)...
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1answer
115 views

Am I liable to my employer if I keep my notebooks past the term of employment?

As I work, I keep a notebook. At a high level, it is a list of things I need to accomplish on a given day, or within the next few weeks. Sometimes I also use it as scratch paper, which means that I ...
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1answer
96 views

Liability after accidentally breaking neighbor's sprinkler head

Imagine you are out for an early morning jog. Someone has their sprinklers on, so you cross the street to avoid them. Unfortunately, there was a malfunctioning sprinkler head that you didn't know ...
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1answer
125 views

Is it a violation to stop at a light in such a way as to prevent Cyclists from passing (USA)?

Hopped over to Bikes.SE to read the claim that "In some Jurisdictions, it is legal for bikes to pass on the right." Is this even true? If it is true, then I'd like to know if the following event I ...
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1answer
146 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. ...
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7answers
175 views

Has US law ever imposed liability for purely unethical behavior, unconnected to professional Codes of Ethics?

I'm familiar with the so-called ethics/law divide, where some acts may be lawful but unethical and other acts ethical but unlawful. This question is not about this. I'm also familiar with ...

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