Questions tagged [liability]

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

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1answer
90 views

Is onetoughnerd.me protected by the 1st Amendment?

I saw a website that appears to be making fun of Rick Snyder, and specifically his handling of the Flint Water Crisis and his Twitter handle. As the following log shows, it redirects to a URL ...
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2answers
86 views

Why is the manufacturer of a wireless radio device responsible for preventing end-user modifications?

One of those things that irks me about the FCC regulations is that manufacturers are responsible for preventing, and can apparently be held liable for, end-user modifications to wireless radio devices ...
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3answers
269 views

What is the exact meaning of this Article about loss of liability limitation?

The Article below comes from a Convention. I am confused about the exact meaning of its last part: A person liable shall not be entitled to limit his liability if it is proved that the loss resulted ...
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1answer
99 views

When can you file a lawsuit against a “parody” website?

Hypothetically speaking, if someone were to make a website about 4 different lawyers and 2 different firms and promote it as a parody website using elements of breaking bad, better call saul, etc. ...
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1answer
79 views

Stolen code in a GPL repo

Quite an odd thing has happened. A software author as released a repo under GPL 3.0 license But inside that repo is code that the author doesn't own in any way and has no license. Now when people fork ...
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2answers
65 views

Does a work reference have liability?

Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate? I've seen some companies ask ...
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1answer
51 views

Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods

I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country ...
3
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1answer
103 views

Can you sell a program that breaks the Terms of Use of a website?

I want to sell software that automates user activity on a website. Automated interaction is against the website's Terms of Use, as you would expect. Is it possible to legally sell someone a tool to ...
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2answers
120 views

Has omitting “but not limited to” ever resulted in a lost case?

Given the ubiquitous use of the phrase "including, but not limited to," have courts ever actually upheld a misinterpretation of the English word "including" to instead mean "...
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1answer
33 views

When does liability and actions defer to the corporation

This question arises from the following question: WorkPlace_Refusal If you are requested by an executive to perform a task that you believe is illegal, the executive assures you that it is legal, ...
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2answers
69 views

I want to provide a online service/app to the world which might not legal in all countries/jurisdictions but mine. What next?

If i provide an online service/app to the world which is legal in my country/jurisdiction but might not be legal in other locations, what i have to do or what might happen to me? I mean every ...
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1answer
259 views

Is a grievance filed during an acute episode of mental illness valid? [closed]

During an acute mental health episode last year, I emailed my department chair complaining about the "tone" (and wording choice) of some of my former professor's communications, accusing her ...
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0answers
65 views

Is Trump's COVID-19 liability waiver enforceable?

In order to get tickets to Donald Trump's campaign rally this weekend, you're required to agree to the following waiver of liability: By clicking register below, you are acknowledging that an ...
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4answers
5k views

Can I be liable for vandalism if I have posted a political sign on the property?

I have posted a political sign on the front lawn of a house I am renting. The landlord has told me that if I don’t remove this sign, I will be liable for any vandalism occurring to the house, as he ...
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1answer
34 views

Liability and Responsibility what is the importance of the distinction in common Law

In Civil Law( legal system) there is no distinction between Liability and Responsibility. One can only seek(judicially) the cessation of an illegal act if they have suffered damages. One can only ...
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2answers
230 views

Who is liable if software causes intentional errors when used in a pirated/unlicensed fashion?

In this Academia question comments reads : cracked software has hard-to-detect anti-features bug (example cracked version of a engineering software may use in computations slight less material ...
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3answers
8k views

If a stolen item is stolen again, who has the liability?

This is a follow up on a poorly phrased question. Assume a car is the only asset anyone has in this scenario. Person B steals a car from person A by forging the registration in a fraudulent manner. ...
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2answers
69 views

Can a fine incrue interest? Can a fine be/become unreasonable?

In the United States, there are certain situations where you must pay a fine that government in the United States puts upon someone. However, is it legal to impose a fine greater than what a person ...
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0answers
21 views

CDA 230 and moderation of subreddits

On the site Reddit anyone can create a "subreddit" to which people can make posts and comments, with the creator of the subreddit being able to moderate posts and comments. Does CDA 230 even apply to ...
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2answers
39 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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0answers
11 views

Will E&O and GL insurance protect an employee against losses arising from his employer's indemnification demands?

This question assumes that an employee has a contract with his employer to indemnify them if there is a loss to the employer's client. I called an insurance agent, and he did not know if such ...
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7answers
10k views

Can I booby-trap my property against police?

Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcemen might conduct a warranted raid of my property. So I setup booby-traps that are designed to either: A. ...
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0answers
36 views

Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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1answer
2k views

Neighborly liability?

My wife and I have been building a playhouse for our kids on the backyard. Our neighbor keeps telling my wife that we must put up a fence and/or get lots of insurance because if her son gets hurt in ...
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1answer
39 views

Personal liability formum shopping: When does US personal liability law apply? When can it's application be excluded?

I am interested in the possibilities of forum shopping in regard to personal injury claims. (Tort and contract.) For the sake of argument, lets assume a manufacturer M that manufactures electronics ...
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0answers
23 views

Ebay return shipment of courier 'prohibited' item - li-ion battery

I ordered a replacement battery a couple of weeks ago. The seller sent the wrong battery. Now I need to return it. The courier with which the seller sent the battery prohibits the shipment of ...
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1answer
42 views

Does mens rea completely absolve responsibility/culpability of the parties involved?

Using the English Law's definition of mens rea does not meeting the standard of it completely absolve the parities involved of any guilt and responsibility for the incident. Mens rea Direct ...
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2answers
93 views

How can I safely provide a free online service?

I am developing a website for secure sharing credentials. Similar to https://www.cloak.sh/ . How can I protect myself and hopefully eliminate all my liability, while still providing a service "...
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1answer
25 views

Risky to provide summary of legal document with the document?

I'm planning on including Terms and Conditions, Privacy Policy, etc for users of my website. Following best practices I want to require affirmative "I agree to the terms and conditions" (or similar) ...
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1answer
97 views

Wrongful death suits against government officials

Can state governors be held liable in wrongful death suits where the deaths are proven to be a direct result of violating all known medical advice and scientific assessment? I remember that anti-...
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1answer
105 views

can police accept my guilt in a state of shock?

can the police legally take my admission to a car crash when I am in a state of shock in the middle of a car crash? and if not under what act?
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3answers
116 views

Are there laws in the USA that prevent news from reporting false information about a situation that could put lives at risk?

There has been quite a bit of misinformation flowing about COVID-19, some of it has even been reported on major news agencies, the one most heard about being Fox and Friends claiming, falsely, that ...
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2answers
75 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 ...
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2answers
1k 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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2answers
75 views

Individual vs. corportate liability for inherently dangerous activities

These days a lot of people make their living on YouTube, doing inherently dangerous things and filming them. For instance, there's those people who climb up unfinished skyscapers without any safety ...
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2answers
33 views

Entertainer Delima with Performance Rights Organization Licensing

I am an entrepreneur who entertains patrons in bars and restaurants for profit similar to a DJ. I am very aware of the legal implications of playing copyrighted music/songs in public and the business/...
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4answers
10k views

Can one be liable for poisoning food one expects to be stolen?

A friend of mine posted about how someone keeps stealing her food at work, and I recommended she lace it with some insanely hot hot sauce. Someone else commented that she could be liable for ...
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1answer
57 views

Why does MirOS licence have liability exception?

MirOS licence has this warranty disclaimer: This work is provided “AS IS” and WITHOUT WARRANTY of any kind, to the utmost extent permitted by applicable law, neither express nor implied; ...
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0answers
15 views

Product Liability and Consumer Expectation Test Regarding Cannabis Edibles [California]

There's a case where a first time edible user takes a gummy and incurs permanent health damage. I have to argue the stance that the consumer expectation test fails and there's a design flaw with the ...
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0answers
10 views

Designating an individual or third-party as DMCA Agent gives extra protection? And is it liable?

According to the United States Copyright Office, https://www.copyright.gov/rulemaking/onlinesp/NPR/faq.html: “A designated agent may be an individual (e.g., “Jane Doe”), a specific position or ...
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1answer
73 views

What is the company structure that will effectively limit liability to the parent company, and not any of it's subdivisions?

I'm exploring different kinds of corporate structures. I'm in a unique situation where I have a very specialized construction industry but can operate under the blanket term "General contracting". ...
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0answers
20 views

Can one company sponsoring or advertising on a website cause liabilities for the sponsoring company if the website has problems?

I've always been curious how this works. Say there's Company A and Website B. Website B does things that are in the grey area of law. Company A tries to operate fully legitimately as an actual ...
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1answer
69 views

How might I hold neighbor liable if a hazardous tree falls on my property? [duplicate]

My neighbor has a tree planted near the fence, and it overhangs my property. Branches have fallen but have not caused any damage. I want to ensure that the neighbor would be held liable should there ...
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1answer
89 views

Over 3 years to put me back in my house after a fire at the personal cost of over 90k. Who do I sue?

Over 3 years ago I had a fire in my home that is still not ready to move in. After the abatement (6 months) the first contractor decided not to do insurance anymore. Decided not to take the contract, ...
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1answer
52 views

Does fraudulent conveyance only apply to bankruptcy?

Say creditor has a judgement and before the judgment I transferred assets to someone else. Can the creditor go after the fraudulently conveyed assets? Or is that only for bankruptcy?
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1answer
56 views

Liability from conflict of interest

There are two co-owners, A and B, of a federal corporation C in Canada. B has a side job at a Canadian company D which has a non-compete clause in the contract. C and D do in fact compete. If a legal ...
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2answers
258 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
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3answers
113 views

Who is liable when a consumer sues a company?

Recently, a vegan customer sued Burger King because a plant-based burger he bought at a Burger King franchise was cooked on a grill also used for cooking meat. This got me thinking: who would usually ...
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1answer
2k views

Can a website incur liability for linking to a funding campaign for a lawsuit against it?

A large website that hosts user-created content has recently announced that it is redacting links to a fundraising campaign for a lawsuit against it "under direction from [its] legal team." Is there a ...
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2answers
91 views

Liability for fire

I caused a fire in my building by disposing of a cigarette in a trash can (the building is in New York City). Obviously a stupid and negligent mistake. However smoking is permissible and the reason ...

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