Questions tagged [liability]

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

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2 votes
1 answer
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Event waiver needed?

A relative has an event based business (LLC). So far, events for her group have all taken place in restaurants in the city where she resides. Our question relates to liability and need for a waiver, ...
0 votes
0 answers
91 views

Can you be convicted of a crime when you could not avoid doing so because of a bug in a state-owned mobile app?

Oregon offers electronic licenses and tags for hunting and fishing; the problem is that the app does not work reliably offline, despite advertising this feature. (It's very common to not have an ...
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1 vote
1 answer
110 views

Liability for the honest but mistaken actions of others

Imagine two completely unrelated businesses, A and B, both have toll free phone numbers (so both incur cost for a call to their phone number) but the numbers are close enough for wrong dialling to ...
2 votes
0 answers
106 views

Can an individual be held responsible if their code is used maliciously?

For a while now, I have been interested in viruses, backdoors, etc. As a result, I've started to tinker around with techniques on how to go undetectable for educational/personal purposes. I'd like to ...
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0 votes
1 answer
95 views

I have the keys to a friends house for when he's out of town

So a friend goes out of town on a usual basis and has handed me his keys in case I need to manage incoming and outgoing packages when he's away. He has also said that I can crash when he's away. I am ...
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9 votes
2 answers
2k views

Are there any legal jurisdictions where members of parole boards are accountable for crimes committed by parolees?

It has been reported that spree killer Myles Sanderson was previously released on parole despite having been convicted of a large number of violent offences. Since it is hardly the first time that ...
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2 votes
1 answer
54 views

What is the timeframe for Mastercard's "zero-liability" policy?

Other types of transaction disputes such as "product not received" has a clear reporting timeframe of 120 days or 540 days. That is, the consumer is usually protected only if the report is ...
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4 votes
0 answers
75 views

In the US, have there been any successful lawsuits over COVID infection liability?

Its often been claimed during the pandemic that some businesses voluntarily mandate masks because they fear losing a lawsuit if an employee or customer gets infected on their premises. Since March ...
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1 vote
1 answer
121 views

Does a "personal guarantee" in an ad actually create a legal obligation for the person making the guarantee?

I just saw this MyPillow ad: If I buy a MyPillow for $19.98, and it isn't the most comfortable pillow I've ever owned, or I buy another pillow later and it's more comfortable, and the company refuses ...
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5 votes
3 answers
2k views

How far does legal gymnastics go to remove liability?

Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
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-4 votes
1 answer
98 views

Even if Plaintiff sues all 3 Defendants, wouldn't D1 and D2's arguments that D3 broke the chain of causation be identical?

I deliberately hedged each defendant's possible negligence. D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire. ...
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0 answers
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If D1 can't sue D2, then wouldn't D1 and D2 argue identically that D3 broke the chain of causation?

I deliberately hedged each defendant's possible negligence. D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire. ...
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1 vote
2 answers
165 views

Is it legal to assume drivers will stop at amber light when it is safe to do so in Ontario?

A vehicle is positioned in a controlled intersection waiting to turn left from a two-way road. The light turns amber, and the driver waits for traffic to legally pass through the intersection. ...
0 votes
1 answer
136 views

Copyright liability for encoded files?

What are the details of copyright liability for an uploaded, encoded file? For example, let's say there's a copyright video, then someone encodes the entire file by shifting each of the bytes (either ...
0 votes
1 answer
56 views

Storm damage to tree

A storm broke a healthy branch which fell into neighbors backyard. If I have this now damaged tree removed, am I admitting liability for neighbors cleanup?
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0 votes
1 answer
100 views

If our HOA does not have enough to pay for all damages, would putting everything into my trust be enough to protect my assets?

Let's say someone sues our small HOA for more than the HOA insurance will cover (for something that happened in the common area), and not finding enough, sues each owner for the rest. Would my assets ...
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3 votes
1 answer
466 views

Why would American Airlines be at fault and not the arresting office?

Context: SOURCE Michael Lowe filed his lawsuit on Monday in Tarrant County, Texas, after he says he was arrested last July for a crime he didn't commit. According to the lawsuit, a duty-free shop at ...
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1 vote
4 answers
145 views

Do lies turn facts into creative works?

In the answer to an earlier question of mine, there was this statement and comment: Answer: mapping companies make deliberate errors in their data such as adding streets or geographic features that ...
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0 votes
1 answer
44 views

In what circumstance would a holding company be legally liable if a subsidiary is sued or involved in an legal issues?

In what circumstance would a holding company be legally liable if a subsidiary is sued or involved in an legal issues? Lets say you have a holding company that holds 10 companies then one gets sued. ...
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1 vote
0 answers
72 views

If I jointly own a piece of land in the UK and the other party starts a business. Would I be liable for the business

I jointly own a piece of land with my sibling on which we have built stables. They are planning to rent out a number of the stables to another party. The business will be their interest only (I will ...
2 votes
1 answer
62 views

Liability of joint bank account owner (U.S.)

Say that persons A and B have a joint bank account, with A as the primary owner, and assume that A gets sued. I understand of course that all funds in the account are exposed in the suit even if B had ...
0 votes
0 answers
26 views

Is an automatically generated link to an illegally copied file legal? [duplicate]

I'm thinking of writing a decentralized (not fully peer to peer, but I don't think that matters here) file sharing network program. Servers can inform other servers of files they have available; the ...
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0 votes
1 answer
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Liability as a project manager [closed]

I am offering project management services to a group of people wanting to buy some property.I would like to say something like this: "Any advice I will give to the client will either be based on ...
1 vote
1 answer
180 views

Am I responsible for accidental damage done by an electrician?

If I hire an electrician to do some job, and he caused a fire at the house. Am I also somehow legally responsible for the accident because I hired him and not another electrician, who might have been ...
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2 votes
2 answers
133 views

Would I be liable for damage caused by a vehicle fault, if a mechanic has told me the fault doesn't exist?

Hypothetical situation: I notice my car's brakes are making funny noises, so I take the car to my mechanic to have it checked out. The mechanic inspects the car and informs me that the noise is ...
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5 votes
2 answers
192 views

Would I be liable for damage caused by vehicle failure during a test drive?

I recently purchased a vehicle via an online dealer that offers a 7 day test-drive period. While on a test drive, I heard a familiar "Knocking" noise coming from the driver's side front ...
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2 votes
0 answers
177 views

Liability for a driver hitting a concrete-filled pumpkin on purpose

This YouTube short video describes a man (let's call him Peter) who has placed Halloween pumpkins at the end of his driveway, only to have the pumpkins intentionally run over by car drivers, so as a ...
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11 votes
1 answer
2k views

Liability for explosive theft prevention

A man in New Orleans, USA, developed a method to prevent thieves from breaking into his car by rigging a flashbang to detonate if someone broke in. A flashbang is an explosive device that triggers a ...
1 vote
1 answer
72 views

City responsibility for vehicle damage due to road condition?

If I don't maintain the sidewalk in front of my house, and someone falls and gets hurt, they can sue me. Seems reasonable to me. If the street has a big pothole, and it damages my vehicle, is the ...
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1 vote
0 answers
50 views

I paid a fradulent bill via venmo, canceled payment with supporting bank and venmo, bank stopped payment, venmo didn't. Am i liable ro venmo?

Suppose a person A canceled fraudulent transaction that A made via Venmo with both venmo and A's bank. Suppose the bank stopped payment, but Venmo didn't. Suppose that Venmo now wants payment from ...
2 votes
1 answer
112 views

Are you vicariously liable to someone you hired to carry out a negligent act?

Vicarious liability holds that when an employee is negligent and causes damage in the course of work, the employer is held liable. What if the "work" itself is negligent, and the damage ...
1 vote
2 answers
100 views

Is an individual liable for administrative costs when backing out of an employment contract accepted via email?

A non-EU citizen accepted an offer of employment in writing via email for a company based in the Netherlands. They sent their passport and other documentation to the company to begin the process of ...
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1 vote
2 answers
50 views

does LLC liability insurance offer any protection against piercing the corporate veil?

I have seen a fair amount of information about operating an LLC and steps to take to avoid potentially piercing the corporate veil. I am wondering if liability insurance carried by an LLC plays any ...
0 votes
1 answer
29 views

PLLC protection still intact if using personal credit card for expenses

Would using a personal credit card to buy things for a single-member PLLC risk weakening the protection it offers over personal assets, or is it fine as long as proper accounting is maintained? It ...
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-1 votes
1 answer
119 views

Can I make a restaurant from a game and make it into a real business?

Is it illegal to make a restaurant from five nights at Freddy’s and make it into a real life Restaurant? It‘s just a thought that randomly came to mind.
3 votes
0 answers
494 views

Could Mark Rober be liable if damage occurred due to his holiday prank on package thieves?

For several years YouTuber Mark Rober has posted videos where he builds a device that can record video, play sounds, flash lights, spray fart spray, and shoot glitter when opened. He puts them in ...
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1 vote
0 answers
78 views

Kids climbing fence to pass through yard - homeowner's liablity?

Suppose a property owner does not mind if children, say aged 11 to 13, climb over their fence to use their property as a shortcut. What would their liability be if one of these children hurt ...
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1 vote
1 answer
78 views

Insurance law, DIY improvements gone awry

I have watched a few videos online where DIY projects went awry. For instance, tree removal with tree winding up on a homeowner's roof and auto. What are the general insurance rules regarding such ...
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1 vote
0 answers
66 views

California: Bob is going on a trip. Mechanic is fixing his car. Bob reached out to get it back, but M is unresponsive. Can M charge for storage?

This is a follow-up to California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold? and it contains a ...
1 vote
1 answer
207 views

California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold?

TL;DR Bob took his car in to a mechanic (M). After M worked on it, Bob decided to sell it to him. It's currently in his shop but it'll take Bob over two weeks to sign over the title. In the meantime, ...
1 vote
1 answer
112 views

Can a person be held liable in California if an intruder falls into their pool which didn't have a fence?

According to the Municipal Code of Santa Monica: The swimming pool or spa, or the entire parcel on which it is located, shall be walled or fenced from the street or from adjacent properties; and ...
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1 vote
1 answer
93 views

In UK law, are cladding product manufacturers and property developers, civilly liable for dangerously combustible cladding products? If not, why not?

The UK cladding scandal is a well known problem. Essentially it sounds like manufacturers either knew/should have known of product fire risks (or at least in some cases they knew/known about them over ...
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0 votes
1 answer
67 views

Property Owners & Injury Liability w/ Signage (US, WV)

Scenario The image above is an aerial view of one of our vacant estates. The area in red depicts our property while the blue dots indicate a path that pedestrians often take to avoid the dangers of X ...
3 votes
1 answer
67 views

Can a parent company be forced to pay for the liabilities of a spin off company in the U.S.?

https://www.npr.org/2021/10/21/1047828535/baby-powder-cancer-johnson-johnson-bankruptcy The health products giant used a quirk of Texas state law to spin off a new company called LTL, then dumped all ...
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3 votes
1 answer
92 views

Does someone have liability for selling a vehicle that later fails and causes an accident?

Suppose Alice wants to sell a 20 year old car with some structural issue that she knows about. Alice discloses the issue, along with the disclaimer that she is not a mechanic and doesn't claim to know ...
0 votes
2 answers
52 views

Does a web application ToS or privacy policy need to be in "legal" text?

I created a web application where users can create content online. The data that they created is stored in an online database and others can see it with the link to their content online. I want to ...
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1 vote
1 answer
49 views

What are the refund rules for a global digital service where the user will be charged later?

Suppose that someone makes a global online service where people can create bounties of certain amounts of money for a specific task, which can then later be claimed by a "bountyhunter". The ...
1 vote
3 answers
76 views

Suing an American company from outside US?

I ordered some merchandise fṟom a USA based company via its website and it mistakenly put my login ID as my name in the invoice and shipped it. I caught the mistake before the items were shipped by ...
0 votes
2 answers
53 views

What happens if there is no formal agreement between two app developers

Suppose two people, A and B, developed an ios app together doing equal amounts of work. Suppose that they don't have any written agreements and never registered a company. A registered himself as an ...
0 votes
1 answer
73 views

Leak Damage: Can sue for damages covering only damaged floor or floor in the entire property?

Apartment owner B, claims a leak from apartment owner A above, supposedly damaged a very small portion of B's hallway floor. Owner A offered to replace the hallway floor. Instead owner B insists that ...
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