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Questions tagged [liability]

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

3
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0answers
29 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
0answers
31 views

In Ireland claims ( insurance) [on hold]

If the scenario is where a claimant/plaintiff is being forced that is - Boot the car and asks the claimant to pay fine for parking the car in a defendants premises While registering the claim, Can ...
0
votes
1answer
43 views

If hit with a spamming/phishing scam, how should a company warn its customers? [on hold]

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
36 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
64 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
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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
20 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
156 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
70 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
52 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
295 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
63 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
50 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
365 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
43 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
103 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
86 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
87 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
67 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
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0answers
17 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
votes
1answer
36 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
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2answers
72 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
84 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
81 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
97 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
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
436 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
31 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
votes
0answers
69 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
vote
1answer
84 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
80 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
112 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
votes
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
31 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
50 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
vote
1answer
63 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
votes
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
votes
0answers
45 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
votes
0answers
72 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
369 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
261 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
88 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
vote
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
votes
1answer
192 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
vote
1answer
47 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
votes
1answer
46 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 ...