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Questions tagged [liability]

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

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1answer
40 views

Liability of employer on false information to employees

My employer mailed a letter to all its employees (approximately 10k) in beginning of November 2018 stating (in bold letters) that as of January 1, 2019, employees would be allowed to take out loans ...
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0answers
11 views

Deferred Operator, Borrowing Vehicle, Bodily Injury Coverage

Regarding bodily injury vehicle insurance (not collision), and in the case where a household member, John Smith, whose car insurance agency, for various reasons, marks another household member, Jane ...
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2answers
39 views

Car insurance and liability in Michigan

Insurance typically follows the car and not the driver, which means other licensed drivers can use your car. However, and I'm aware this is policy dependent, insurers generally do not allow for ...
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1answer
80 views

Roommate caused water damage to our condo, what are my options?

I live with 3 roommates and all 4 of us are on a lease for the condo owned by our landlord. TL;DR my roommate "Jim" caused water damage to several rooms and I'm looking for advice on what I can ...
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2answers
130 views

Responsibility of Microsoft for a bug in MS Excel

Our company is using a licensed version of Microsoft Products, including MS Excel 2016. We suffered some financial damage because of incorrect financial calculations, that occurred as a result of the ...
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1answer
44 views

Can previous homeowner file a claim for hidden damage on their old property?

We purchased a house in Texas 5 months ago. 3 months ago we discovered hidden water damage from a roof leak within exterior walls. Our insurance hired a third party engineering firm who concluded the ...
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1answer
35 views

Legal Liability for mentally infirm

(This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me) I am well past the age of majority. ...
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1answer
14 views

Can Mobile App Terms of Use contain General liability release?

The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility. Definition(s): '...
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2answers
46 views

What can individual programmers do to limit their liability risks from programs that they make available to the public?

This questions stems from my earlier question, Do individual programmers expose themselves to liability risks when they make their programs available to the public?. From the answers to the above ...
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1answer
31 views

Closed Source License with No Liability?

I’m writing a closed source program with a small group of people. We will be distributing it without the code, but I’m worried about two things: If my program deletes the user’s files or causes any ...
2
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1answer
61 views

Do individual programmers expose themselves to liability risks when they make their programs available to the public?

There are numerous useful apps, software programs, web applications, browser plug-ins, etc., that have been produced by individual programmers. Are these programmers exposing themselves to personal ...
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1answer
64 views

Mississippi lawsuit against Police that dont want to uphold a particular law on the books

If I attempt to press charges on an individual or individuals due to criminal activity and the officers or dispatch says they will not act on said violation what award could be awarded through a ...
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0answers
35 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 ...
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1answer
47 views

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

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 ...
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0answers
40 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.
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1answer
69 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.
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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 ...
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1answer
25 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
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1answer
187 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
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1answer
80 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 ...
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2answers
55 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
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1answer
299 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
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1answer
64 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
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3answers
52 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 ...
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2answers
369 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 ...
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1answer
48 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 ...
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1answer
107 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 ...
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1answer
90 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 ...
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1answer
94 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. ...
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1answer
68 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
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?
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0answers
18 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
42 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). "...
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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 ...
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2answers
73 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 ...
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2answers
103 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
87 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
106 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 ...
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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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1answer
441 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 ...
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1answer
37 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,...
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0answers
72 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
88 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
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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
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1answer
81 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
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4answers
118 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 ...
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0answers
8 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
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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
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2answers
59 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,...
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1answer
65 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 ...