Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
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broker cancelled life insurance policy without authorization [closed]
Back in 2018 we had a life insurance policy that was set up in 2007, we were selling our house and buying another, our broker wanted to make sure we were covered as we were taking on a bigger debt. ...
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Can / How would a lease (contract) require an injured visitor to hold the renter's insurance liable?
Assume Jane visits Bob (Renter). Mike is the Florida landlord.
Jane slips and falls on the Mike's rental property, Can Mike's attorney construct lease so that Bob is required to have some sort of ...
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Liability of a drug addict and alcoholic having a accident in a rented car
Let's say In the United States there is a person with a drug and alcohol problem. The person goes to rent a truck from Home Depot for a few days. The person then gets involved in a drunk driving ...
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How does the Florida homestead exemption apply to a house on .51 acres?
If my Florida primary residence is on a .51 acre lot in a municipality and I get sued, can the creditor take my house because I am over the .5 acre limit?
I understand that I would keep .5/.51 = 98% ...
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What fiduciary responsibilities do real estate agents have for a buyer?
As the title states, What fiduciary responsibilities do real estate agents have for a buyer?
As a example to stir the thought process. Real estate agents have an inherit benefit of a buyer paying a ...
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What liability would be incurred by both parties in the incident of a bicycle and footpath walker collision?
I live in a city in the UK that has an extensive network of foot/cycle paths, and make use of these paths for exercise by cycling on them. I share these paths with pedestrians and other cyclists, ...
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Would someone providing "faulty" suicide advice be liable for a survivor's damages?
Let's say Bob publishes an analysis of suicide methods meant to assist those so inclined. Alice takes Bob at his authoritative word and follows his advice to the letter regarding the method he deems ...
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Are customer dissatisfaction and loss of trust enough reasons to terminate a relationship without obligations?
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence.
The Seller offered the Buyer another instalment agreement however, the terms are ...
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Can Bob, as the client, share any information about his project in any way he wants?
Bob hires vendor A and vendor B independently to work on a project for Bob. The two vendors are not partners, they work independently and do not communicate with each other although they are aware of ...
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The legal liability of providing something free vs paid
Bob feels charitable on one fine Sunday morning. He made 50 burgers and wanted to give them free.
A few independent examples:
Bob distributes the burgers on the street to strangers
Bob places the ...
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Can one be liable to pay an agreed sum if they break a promise?
Bob wants Alice to share a computer file with him. This could be a photo, a video/audio recording etc. — anything that only Alice has and that Bob craves a copy of. The copyright ownership shouldn't ...
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Are dropservice suppliers liable for any damages to customers?
I wanted to ask a question about the dropservice business model.
We have 3 figures, the customer, the supplier and us. Dropservice is a business model in which we can have services delivered to our ...
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What warranty would gratis software have?
Most, if not all, free and open-source software (FOSS) licenses have a liability/warranty disclaimer. The GPL's disclaimer is especially long:
Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE ...
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Is an LLC with no assets effectively impervious to lawsuits?
For example, a millionaire forms an LLC to sell lemonade on the sidewalk and they put a job posting in the local newspaper where they specified that only a person of a particular ethnicity, marital ...
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What entity is legally obliged to compensate for damage accidentally inflicted at a non-belligerent state territory during military conflict?
The question is based on recent events:
Yesterday (15th Nov 2022) a supposedly stray missile hit Polish
territory, causing loss of life (2 fatalities) and property damage.
Poland is non-belligerent ...
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What legal penalties may Twitter face as a result of the Eli Lilly fake tweet?
Twitter recently made it possible to get a verification check added to an account by just paying 8 dollars, causing a rash of fake 'verified' accounts. One of these accounts was for Eli Lilly, a ...
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Civil liability and replacement values
Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car.
Suppose that the car was bought on a temporary, time-...
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Personal Liability Renters Insurance
My renters insurance has section described as Personal Liability(Bodily Injury and Property Damage).
My question is, is this liability for this dwelling only.
If I am sued for bodily injury from auto ...
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NDA without a defined maximum liability amount
I would like to ask if it is normal (standard situation) for an NDA to not define the maximum liability amount. Someone can hack my computer or data storage and I inadvertently access confidential ...
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Assaulted by store employee: who is liable?
Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
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Is anyone who develops websites or webapps for clients legally responsible for what they are creating and all the gdpr obligations?
Suppose the case of a european (italian) web developer who, at the request of a client, creates a web platform for him from scratch (also with database, saving user’s data, ecc.). When putting the ...
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Karen sues a workshop for damages as she was trespassing and disregarding mandatory safety gear. Does she have a case?
Let's paint the scene: We work in the back of a metalworking workshop in Austin Texas. Huge machines make lots of noise, at times there are steel panels on the floor with access holes to access the ...
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Why doesn't law take into account probability?
My question is based on my layman understanding, I'm not in law
When I think of "[damages]"* I think of "what is the expected liability from an interaction," as opposed to "...
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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, ...
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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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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 ...
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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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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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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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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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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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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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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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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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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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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. ...
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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 ...
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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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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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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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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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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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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 ...
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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 ...
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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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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 ...
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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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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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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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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 ...