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Questions tagged [liability]

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

2
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0answers
32 views

Are parents liable for a child’s behavior at school? (in loco parentis)

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 ...
0
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1answer
85 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 ...
1
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1answer
77 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
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1answer
60 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 ...
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0answers
52 views

Is an uninsured patient liable for paying an ambulance bill, if the patient was transported against their will?

Is an uninsured patient liable for paying an ambulance bill, if the patient was transported against their will? For example, if the city police determine the patient is at risk of suicide, and force ...
0
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0answers
16 views

what liabilities come with hosting a server?

what liabilities come with hosting a gaming server (minecraft like game) at home in germany, european union, assuming that no one hacks it?
0
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0answers
17 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
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1answer
31 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
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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
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2answers
69 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
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2answers
79 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
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1answer
72 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
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1answer
95 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 ...
19
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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
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2answers
102 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 ...
0
votes
1answer
26 views

Indemnification clauses and liability regarding use of information?

I've seen a lot of clauses like this, You will indemnify and hold Evil Corp, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including,...
0
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0answers
65 views

Are business owners liable for harm inflicted by homeless spikes?

Businesses in cities install hazards, hard spikes or sharp bench dividers, to ward homeless from using flat surfaces near the business as a dry place to sleep. If a homeless person were to use this ...
1
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1answer
66 views

Is a fraudster liable for losses in this situation?

The usual rule of law is that a fraudster is liable for all losses/restitution, due to their fraud, whether or not reasonably foreseeable. Suppose a fraudster's deception causes a person to take a ...
2
votes
1answer
35 views

Indemnification clause in effect, but indemnified party refuses to cooperate

Suppose a contract exists in which defendant D has indemnified party E. D and E currently dislike each other. Third-party plaintiff P, in a liability matter arising (indirectly) out of the contract, ...
1
vote
1answer
79 views

Our company shipped product to an address that the recipient just moved from

The recipient moved and didn't notify us. He moved 1 mile away. Our tracking number showed delivery to his former address. The person said he went back and the new tenants said they didn't have it. ...
2
votes
4answers
104 views

How does shareholders' limited liability work in practice?

Given that: A shareholder in a limited company is not personally liable for any of the debts of the company, other than for the amount already invested in the company and for any unpaid amount ...
0
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0answers
7 views

Data breaches in an online store services company - is the client liable?

Consider a company like SquareSpace, which provides services to other businesses. These services include things like credit card processing. If Squarespace itself has a data breach and the credit ...
0
votes
1answer
27 views

Is a rental business liable if a rented product causes harm?

If a business rents out objects for use around the house (think things like ladders, tools, toys etc.) and someone hurts themselves using the rented item, is the rental business liable? I feel this ...
4
votes
2answers
47 views

Are there doctrines of contract law that limit potentially open-ended liability?

Sometimes when you have a contract with another party, the exact dollar amount that you as a customer would owe is not firmly specified. Instead there may be a statement about what would be the charge,...
1
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1answer
60 views

Offering Non-Business Free WiFi - Legal Considerations?

Ontario, Canada. I'd like to operate an open, free WiFi hotspot for public consumption, not associated with any business. Per Wikipedia : In Canadian law, unauthorized access is addressed the ...
0
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0answers
12 views

Liability of unknown possession and distribution of encrypted illegal files [duplicate]

Bitcoin transactions allow you to store encrypted data in them. It has been found that there is illegal data being stored in some transactions. Part of the system/ blockchain is everyone has a copy of ...
0
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0answers
39 views

Can I sell an extension that violates LinkedIn's TOS?

I am building a Chrome extension designed for users of LinkedIn. LinkedIn, however, appears to be very strict on the use of such extensions on its site. The TOS states that one should not use any tool ...
1
vote
1answer
76 views

What happens to the developer studio of a game that makes an exploit possible on a console?

Often with consoles to be able to softmod them, some legitimately acquired game is required that provides an exploit such that the whole console can be modded, possibly resulting in the owner ...
0
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0answers
64 views

In a group bill, can you be responsible to pay for something you didn't order?

If you go to a restaurant/pub/bar etc. with a group of people, and someone doesn't pay, is another member of the group legally responsible for covering his portion? I'm asking because I went to a ...
4
votes
2answers
250 views

Why create an intellectual property holding company as a parent, subsidiary, or separate entity?

Most of the examples of intellectual property holding companies I've seen via web searches utilize a wholly owned subsidiary of a parent company to hold IP and then lease it back to the parent company ...
0
votes
1answer
151 views

Who's legally responsible for vet bill in pet injury, owner or pet sitter?

A friend agreed to pet-sit my dog, Taishi, while husband and I were away for 3 weeks. To compensate her for doing this, we told her she could live in our apartment and eat any food we had without ...
2
votes
1answer
82 views

Can we set up our company in a different country in order to protect our IT and assets from litigation?

I'm working with a startup in a country where laws are loose at best. After reviewing the privacy laws that bind us by doing business in this country, there seem to be an endless amount of ways that ...
1
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0answers
39 views

Malware and liability [duplicate]

What liability do I have if I make an opensource piece of malware (registered under MIT), and then someone takes it and uses it to infect hundreds of computers? Could I be taken to court for that? Or ...
0
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1answer
137 views

Hypothetical legal scenario: has this person admitted doing something illegal although he's innocent?

This is just a hypothetical question about law and justice. Hypothetically, just as a scenario, imagine this: suppose for example that a drunken man has an online Facebook conversation with a friend, ...
1
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1answer
45 views

General bankruptcy inquiry in Germany

A person lives in Germany and owns a business which is in debt. They are afraid they will lose their child and be sent to "debt jail". Is this a real possibility? Is there any liability protection ...
-1
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1answer
45 views

Blanket statement to avoid all liability

I am currently developing an app which facilitates an Assassin game in which players stalk and shoot their friends with water guns in order to win a monetary prize (as facilitated by whoever runs each ...
-1
votes
1answer
87 views

Can I sue the gas company for not notifying me that gas was shut off at a rental due to tenant not paying?

I have a continuation service agreement with the gas company and they neglected to notify me that they had discontinued the tenants gas service in April of 2017 for nonpayment. They also neglected to ...
0
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1answer
65 views

Who is liable for copyright infringement in an “unofficial book” with copyrighted images, the publisher or the author?

This question contains an example of a potentially infringing work, but I believe it is fine because the book does not contain copyrighted images and is basically a discussion of another book. My ...
0
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1answer
40 views

Can LLCs be completely anonymous

I was under the impression that in every state, the creator of an LLC or INC must have at least one chief executive, and in some states, a treasurer and secretary. However, in some filings I've come ...
12
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2answers
934 views

Is saying “Sorry” assuming fault?

I am unsure where I heard of this, but the basic premise is that if an individual in says "Sorry" either to law-enforcement or to another party, they are in effect, assuming fault for a given action. ...
1
vote
2answers
36 views

do money and virtual coins have the same laws?

Virtual coins are hot and the trend is settling in, many website are starting to create their own virtual currencies that can be used on their own website. What laws apply on these coins, are they ...
1
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1answer
72 views

Police and failure to enter home of suicidal person

An individual with a known mental health/substance abuse history was held in protective custody on a given night due to heavy drinking and unsafe behavior. That individual was released from custody ...
1
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0answers
43 views

Can a gas station employee use Skimmer Scanner in TN without getting in trouble?

I recently ran across Skimmer Scanner, which is an app that uses Bluetooth to scan for, connect to, and send no-op commands to verify certain common types of card skimmers. Given that the app uses ...
1
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0answers
57 views

Street cleaning in France led to broken leg - Can City be sued?

My brother is Irish (thus EU citizen) he moved to Nice, France earlier this year to work in a bar restaurant. He finished work at 530am, street cleaners were out (Nice City power wash/clean many ...
1
vote
1answer
39 views

Litigation Asset protection: Should I hold equity in my home or rental property?

I currently own a house (which has a significant mortgage) and a residence which I rent out (which I have almost paid off). The equity in my rental unit is a key part of my retirement savings. I own ...
0
votes
2answers
281 views

What is the law regarding left-turns at four way stops?

A friend just got in a collision at a four-way stop turning left. That friend has insisted that they came to a full and complete stop. Nolo seems to indicate that the general rule is that it's always ...
0
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1answer
87 views

Under these circumstances, can a company be sued for the actions of an employee?

I should clarify a little bit: assuming that 1) the employee went against company policy and did something illegal at work,2) the company was alerted to these actions (though the employee was unable ...
0
votes
1answer
153 views

Why can some states choose to reject the Attractive Nuisance Doctrine?

In the United States, the US Supreme Court established the Turntable Doctrine, in R.R. Co. v. Stout, 84 U.S. 657. As I understand it, In general, if a person is injured while trespassing on someone’s ...
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0answers
29 views

What liabilities come with jointly inherited property?

When parents leave their estate to their children, what new liabilities arise upon their death? For example if a parent's automobile involved in an accident? or if someone were to fall down the ...
0
votes
1answer
106 views

Would I be liable for any illegal traffic that comes through my VPN?

Say I hosted a virtual private network somewhere on a cloud hosting provider, say an amazon aws server. If I shared access to that VPN to other people (say for simplicity's sake, 5 friends), someone ...