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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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3
votes
3answers
524 views

Can the Developer of a Program be penalized if it is used illegally?

If a developer writes a program, for example a password cracker or a code decipher, and it is used illegally, will the developer or the user get punished? A password cracker could be used, for example,...
5
votes
2answers
19k views

Getting the neighbor kids off my lawn?

We've had 4 sets of neighbors kids grow up around us with no issue. Nice kids, nice parents, etc. The latest family has two young boys who like to camp out on my lawn and in my garden. I'm aware of ...
21
votes
5answers
8k 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. ...
33
votes
1answer
6k views

USA: Is “I am not a lawyer” disclaimer generally necessary?

Is it legally necessary to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in ...
19
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3answers
7k 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 ...
2
votes
3answers
1k views

Am I liable if trespassers on my private property injure themselves?

If people trespass on my property (i.e. walk through my backyard without my permission) and they get injured (i.e. trip and break an arm or a tree branch falls on their head), am I liable under ...
46
votes
5answers
16k views

Is it illegal to infringe copyright if your boss or your client ordered you to do it?

The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it ...
26
votes
6answers
4k views

How do free-speech protections in the United States apply in public to corporate misrepresentations?

Last night, I was driving behind a truck that had a very official-looking sign like this: (Sign says, "WARNING STAY BACK 200 FT. NOT RESPONSIBLE FOR BROKEN WINDSHIELDS!") Some cursory Googling ...
13
votes
1answer
6k views

Do warranty disclaimers in software licenses carry any legal weight?

Most open source software licenses contain, in capital letters, the following disclaimer: THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT ...
4
votes
2answers
258 views

Is there liability for pure accidents?

I am trying to determine the principled limits, if any, on when a person may be held financially liable for damage to another ("the victim"). I'm specifically interested in the case when damage is not ...
2
votes
1answer
126 views

Website liability for user contributed content that may be unlawful?

In a situation where a website: allows users to contribute content (articles, images, comments, etc) specifies in the TOS that those contributions become property of the website, etc. does not / can ...
1
vote
1answer
480 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 ...
1
vote
1answer
361 views

Can you sue minors only in America?

As I was reading the story below, I thought I must be reading The Onion, only to later see that it's The Guardian instead. http://www.theguardian.com/us-news/2015/oct/13/woman-nephew-broken-wrist-hug-...
5
votes
1answer
112 views

To what degree do I have to comply to COPPA in this scenario?

The Children's Online Privacy Protection Act (COPPA) is designed to restrict sites collecting information about children under the age of 13 years of age. If I am operating a general purpose web ...
10
votes
2answers
2k views

Is homeowner liable for police injury during raid

Hypothetically speaking, let's say that a person is very paranoid about intruders, government, end of the world, so on. They decided to buy some land and have a fence around the property with clear ...
2
votes
1answer
174 views

Can I be jailed for being liable?

I was surprised by this comment on liability. The context was about self-driving cars, and why it is such a big deal whether the owner/passenger is liable, or the manufacturer, in case both are ...
0
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1answer
307 views

Is this passive induction of suicide?

Today we were arguing about induction of suicide, the theme was the following: if you pretend to commit suicide and your girlfriend\boyfriend didn't know it was fake and consequently commits suicide ...
12
votes
1answer
427 views

What is “unjust enrichment?”

What is unjust enrichment under the law? It's understandable if associated with liability for wrongdoing. Apparently, this is not a necessary condition. How does it operate independently of liability ...
5
votes
1answer
401 views

USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement?

Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/...
4
votes
3answers
340 views

Am I liable for work-related duties?

If I, knowingly, break a site's terms of use (in a way like copying its material, when it explicitly states it's forbidden) as part of my job (I have written proof that my boss assigned me this task, ...
2
votes
1answer
66 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 ...
2
votes
1answer
61 views

Does uploading music to a site imply responsibility for copyright infringement?

In a game called ROBLOX, users can monetize their games through a program called DevEx. Many users who use this program what seems to be obvious copyright infringement issues in their game to a ...
1
vote
2answers
57 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 ...
1
vote
2answers
104 views

Why may liability be a hindrance to self-driving cars?

One aspect that has been barrier as a hindrance for the adoption of self-driving cars has been liability. For example: Who is responsible for a driverless car accident?, BBC News, 8 October 2015 ...
1
vote
2answers
393 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 ...
1
vote
1answer
230 views

Can a business owner be liable if they provide their service for free?

If a business provides a free online service which involves data storage, is the owner liable if they lose a user's saved data given that they provide the service for free? The business has a ...
0
votes
1answer
288 views

Why can some states choose to reject the Attractive Nuisance Doctrine?

In the United States, the US Supreme Court established the Turntable Doctrine, in R.R. Co. v. Stout, 84 U.S. 657. As I understand it, In general, if a person is injured while trespassing on someone’s ...
0
votes
3answers
984 views

Car insurance claim was denied, what are my options…?

I got into an accident two months ago with a driver who was insured by GEICO. I got a call from them yesterday saying there was no way to prove who was at fault and that they are denying my claim and ...
0
votes
1answer
263 views

What legal course is there with a bad neighbor?

I have a very bad neighbor. What legal recourse do I have? I feel like I'm stumbling in the dark. I find myself at a loss for an appropriate Stack Exchange site. Perhaps "workplace" or "parenting" ...
-2
votes
1answer
94 views

Is it legal to copy a website's terms of use?

I was wondering if it's legal to copy a website's "Terms of Use" policy, and then use it on your own website?