Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
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If one is arrested, but has a baby/pet in their house, what are they supposed to do?
Rob steps out of his house real quick to commit a robbery, and the police stop him and bring him into the station and put him in jail, pending a trial. But Rob has a 6-month old baby at home, or ...
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Personal liability forum shopping: When does US personal liability law apply? When can its 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, let's assume a manufacturer M that manufactures electronics ...
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Can a bigamist be sued in civil court and if so, what would be the reason?
Bigamy is a criminal offense, meaning that if a bigamist is sued it will be by the state. But let's say the "second spouse" (or first one) wanted to sue the person in civil court.
Could they?...
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Is a company liable for "potential" harms?
Case 1, you hired the Company to build your house. However, the in-door air quality does not meet the standards. While there is no short term harm to your health, there might be a long term harm which ...
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Could Mark Rober be liable if damage occurred due to his holiday prank on package thieves?
For several years YouTuber Mark Rober has posted videos where he builds a device that can record video, play sounds, flash lights, spray fart spray, and shoot glitter when opened. He puts them in ...
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Kids climbing fence to pass through yard - homeowner's liablity?
Suppose a property owner does not mind if children, say aged 11 to 13, climb over their fence to use their property as a shortcut.
What would their liability be if one of these children hurt ...
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Liability of a power of attorney agent for harm to an elderly principal while absent
Does an agent under a power of attorney or medical power of attorney, who has hired care givers five hours a day, but who does not live close to the principal and doesn't provide 24/7 care through ...
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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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Is uncensorship in Japanese porn illegal?
According to some laws in Japan, censorship is a must for adult films. But why does uncensored porn in Japanese adult videos, Pornhub, etc. exist? Is that legal? If not, what charges they could be ...
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Is a user considered liable if its user accounts on social networks are hacked and used to post illegal content?
If a user account from a social network that the original user didn't use for a long time gets hacked, and then used to post illegal content (e.g. terrorist material, sexually explicit material, etc.),...
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Do you lose liability protection if doing work for your LLC on your personal computer?
Do you have potential of losing liability protection if doing work for your LLC on your personal computer (ie. a computer purchased with personal funds and not accounted for as being owned by the LLC)?...
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Do cats have a "right to roam" in the UK?
I've seen numerous sources, including the RSPCA, making claims along the lines that cats in the UK have a "right to roam", are "free spirits", and therefore that cat owners cannot ...
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Do tech companies like Microsoft & CrowdStrike face almost no legal liabilities for major disruptions?
In regards to a widespread technology meltdown, reportedly caused by Microsoft and CrowdStrike, the New York Times states that the "immediate and harmful" impact included:
Airlines canceled ...
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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 ...
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How can a liability limitation in a contract between two parties prevent a damaged 3rd-party from taking action?
Answers to this question Do tech companies like Microsoft & CrowdStrike face almost no legal liabilities for major disruptions? suggest (correctly) that parties to a contract can allocate risk ...
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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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Does right of way apply when two vehicles enter an intersection without either one stopping?
In Nevada, two cars approach an intersection at night time and none of the traffic lights are working. Both cars enter the intersection without stopping and collide. One car hits the other broadside ...
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In the US, are employers liable for torts caused by their employees working from home
I WFH and today I had a meeting that ran way over time and I had to pick up my kid from school. I didn't want to miss the rest of the discussion and wanted to push back on one issue, so threw my ...
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Source of compensation in an accident Involving an under-insured motorist
Background
I was the victim of an auto accident and the other driver was found to be 100% at fault.
The other driver's auto insurance bodily injury liability coverage and property
damage liability ...
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When a hostage is in the balance, how much is one expected to comply before they face legal trouble? [closed]
Terry the Terrorist has Holly as a Hostage at gunpoint. Bob the random Bystander happens to be there, and Terry starts making demands of him (else Terry will kill the hostage). Let's also say that ...
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Must car rental agencies provide the state minimum liability insurance or ensure that the customer has it when renting a car in the USA?
I was going through car rental agency SIXT's ToS to understand whether they provide any liability insurance coverage if one doesn't add one of their protection options when renting a car. I read in ...
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Can a person who didn't disclose a pattern of abuse due to NDA be liable to later victims?
Steve Lehto raises an interesting question in a recent video here.
Suppose someone is abused, harassed, treated unfairly in a business deal, suffer from a defective product, etc. They seek recourse ...
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Expert misidentifies venomous snake as non venomous
I'm a member of a snake identification group on social media and they recently had a conversation about potential liability for misidentified snakes. This group takes identification very seriously to ...
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Does working under the name of a company protect me when it comes to working under my own name? [closed]
If we have a computer programmer who also happens to be a fitness athlete, and decides to develop a fitness application to help people manage their weight and daily activities, including creating ...
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Liability for theft due to making someone else's property less secure
An owner of a garage in a row of garages removes all locks and even the handle from their garage door and leaves it in this very obvious vulnerable state for many weeks or months. A thief enters that ...
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Fred closes a stranger's truck door; the truck later burns down. What is Fred's liability?
This question comes directly from an episode of the call-in automotive advice show Car Talk. The original call occurred in or around 1994, but recently re-aired in episode 2349, "We Specialize in ...
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What kind of liability might prevent property managers from helping blind people fill out housing paperwork?
I'm asking this question in hopes that it'll help other blind people in the future, not just me, so I hope that this question is on topic.
I, being blind, have frequently been faced by denials from ...
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What is an employee's liability for defective work?
Employee E works as part of a development team for company C, which has a contract with customer F. Suppose that F is dissatisfied with the work product that C submits. Under what circumstances would ...
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Can legal action be reasonably taken against someone for providing incentive to hurt yourself?
Let's say that Sam the Sociopath invites Peter the Poor man into his luxurious house. They go to a living room with a fireplace. Sam then pulls out 1 million dollars in a fireproof bag that will last ...
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Discharging patient under influence of anesthesia without an emergency contact to bring patient home
If a healthcare facility discharges a patient who is still under the influence of anesthesia after a medical procedure without an emergency contact to bring the patient home and the patient walked out ...
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Do heirs inherit liability for damages and wrongful death? (Poland or elsewhere)
The house to be inherited is in Poland, but I’d like to hear - from any country - the worst case scenario for the following heir.
The deceased left in his will a $100,000-worth house, with tenants, in ...
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Is it legal to bring someone to the attention of a large mob, knowing they are likely to be injured?
Say I'm a famous person with a large and particularly unsavory following.
I point at random private person Ash Zeweski and say "boy, I hate this person who is my enemy, they have poor moral fiber ...
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Will disabling the ABS system on a used car void the auto insurance policy on that car?
I have watched some YouTube videos on Anti-Lock Braking System (ABS) problems on cars, and some of the auto mechanics in these videos show how the ABS system on cars can be disabled by removing a fuse ...
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Is Walgreens legally liable for lost film?
If I gave a roll of film to Walgreens to develop and they lost it, what are my chances of winning if I sue them for the time spent to take the photos in addition to the film?
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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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To what extent does strict liability apply to open source software?
I'm curious to what extent strict liability could apply to open source software in cases where what is shared isn't really a product, or even something that is intended to be incorporated into a ...
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Are booby-traps illegal if they don't harm humans?
I saw this image today:
For the sake of this question, let's assume it happened in the front yard of the poster's house (so on his property)
If this really did happen, would this be considered a ...
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Dog fatally attacks burglar. Is owner guily of anything?
A person owns a large, potentially
dangerous dog breed such as the XL Bully, which was recently restricted in the UK. It is owned legally; the dog is registered, neutered, and all safety requirements ...
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Legal liability of websites for text produced by chat bots such as ChatGPT
To what extent is a website hosted in the US legally liable for the output of an AI chat bot?
For example, if ChatGPT produced the phrase:
kill yourself
and OpenAI distributed this phrase to me over ...
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Going after investors
Now that companies are on the verge of collapse from PFAS litigation, is it okay to go after investors? If Blackrock invests in Exxon then are they liable for anything Exxon does?
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What are the consequences for a family fight in the US?
If a mother (senior) first tries to slap her daughter (30+ yrs old), but the mother missed, and then the daughter grabs the clothes her mom is wearing, and slams her mother against the wall, what kind ...
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Is the bus driver forced to break a law when allocated more students than the maximum capacity of the bus?
At the high school I go to, our school district's transportation department (likely due to budget reasons) has allocated more students onto one bus than its maximum capacity, resulting in kids sitting ...
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Insurance — Intentional act by someone else
Some young punk steals your car and goes on a rampage, a la the chase in the beginning of Mad Max. In the process, he cripples several people and causes severe property damage. Can the injured parties ...
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How to avoid liability and criminality when being conned by non-owner
I have seen this story now several times in some variation.
An HOA, landlord, property management company, neighbor decides that property that is not theirs is still theirs. An owner has a tree or ...
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patent question [closed]
Hypothetical person is inventing a new product for sale. The product will include an ingredient that is patented and for sale for another use. They will buy their product and not change it but rather ...
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Liability for damage to work equipment while used at home with employer permission
Please consider the following hypothetical situation:
An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
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United States - Does this bike lock legally qualify as a "booby trap"?
I recently saw this video by LockPickingLawyer on Youtube, where he discusses a bicycle lock called the SkunkLock. This bike lock's shackle is filled with a vomit-inducing gas pressurized to 150 PSI. ...
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What are the rules about defamation when information is accidentally released?
It is in the news that Omid Scobie, the author of the book Endgame, is claiming that he produced an early version of his book with potentially defamatory statements about the UK royal family. This ...
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Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?
In CNN's ‘Very bad strategy’: Legal expert reacts to Trump’s latest attack on judge after 03:11 there's the following exchange with former federal prosecutor Renato Mariotti:
CNN: And of course, when ...
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Fitness centre injury disclaimers and liabilities
Arnold opens a gym in London, and Bob in Birmingham.
Arnold’s writes into its terms of use a disclaimer that any injury resulting from use of the facilities while wearing open toed shoes is the ...