Questions tagged [liability]

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

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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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Under what circumstances could laying hacker "traps" cause civil or criminal liability for non-law enforcement civilians?

The answer to If a hacker is infected as a result of their actions, is the victim liable? that explained laying a trap to injure someone could go either way depending on the severity of the injury and ...
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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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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 ...
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Is a homeowner liable for the actions of a contractor?

Suppose a homeowner hires a contractor to haul debris off their property to the local dump. Can the homeowner be held liable if the contractor instead just illegally dumps the debris by the side of ...
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2 votes
2 answers
167 views

Strict liabilty

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

Liability from selling car if buyer does not complete title transfer : California

Suppose one sells a car (California registered) to a person (suspected after the fact to be an illegal immigrant) who does not complete title-transfer. Suppose that the seller completes and submits ...
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Street cleaning in France led to broken leg - Can City be sued?

My brother is Irish (thus EU citizen) he moved to Nice, France earlier this year to work in a bar restaurant. He finished work at 530am, street cleaners were out (Nice City power wash/clean many ...
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Can companies be held liable for people attempting to imitate advertising stunts?

I own a small apparel company that operates an e-commerce shop. Our target demographic is young adults, and as such our brand and marketing material features an edgy and cool style. A lot of our ...
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2 votes
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285 views

What if you follow the kidnappers' instructions to not talk to police?

Suppose your child is kidnapped. The kidnappers call you, give you "proof of life" (i.e., irrefutable evidence that they have your child in their custody and that the child is unharmed), and tell you ...
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What is my liability for third-party content I host?

I live in Canada, but my servers are hosted by a third party in the United States. I run a forum-type website, so most content is provided by users. Do I have any liability for illegal content that ...
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1 answer
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Does the use of an escrow service affect liabilities?

Would a website that provides a third-party escrow service to protect its members that trade between themselves be increasing its exposure to any additional liabilities? My thinking is that despite ...
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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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I paid a fradulent bill via venmo, canceled payment with supporting bank and venmo, bank stopped payment, venmo didn't. Am i liable ro venmo?

Suppose a person A canceled fraudulent transaction that A made via Venmo with both venmo and A's bank. Suppose the bank stopped payment, but Venmo didn't. Suppose that Venmo now wants payment from ...
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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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California: Bob is going on a trip. Mechanic is fixing his car. Bob reached out to get it back, but M is unresponsive. Can M charge for storage?

This is a follow-up to California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold? and it contains a ...
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Why limiting the liability in the Terms of an App to 150% service fees?

A language learning app from a German company states in their Terms the following in their "Limitation of Liability" section: We shall be unrestrictedly liable for (a) injury to life, body ...
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Product use documentation and company customer service info conflict, which info is the company liable for?

In Canada (Ontario) a customer buys a product manufactured by company A. One of the components of the product is produced by a third party (company B) and has a label stating the limitations of this ...
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Could someone be liable if they intentionally congregate after testing positive for coronavirus?

As I understand it, in most states it's a criminal act to knowingly engage in unprotected sex if you know you have a sexually-transmitted disease and don't inform your partner. If the disease is life-...
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Purolator Shipping Insurance "At Shipper's Risk" clause

I shipped personal items from Canada to the US with Purolator. One package arrived significantly damaged (the delivery man also acknowledged and made note of this). I purchased 1200$ worth of ...
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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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Can a gas station employee use Skimmer Scanner in TN without getting in trouble?

I recently ran across Skimmer Scanner, which is an app that uses Bluetooth to scan for, connect to, and send no-op commands to verify certain common types of card skimmers. Given that the app uses ...
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1 vote
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Multiple LLC's lawsuit question

If you have a parent LLC that owns several other LLCs are you still protected. For instance if one of the child LLCs lands a lawsuit can that lawsuit effect your other LLC or the Parent LLC and you ...
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Implications of and necessity (or lack thereof) for a contract clause that requires the user to back up data frequently

One clause of the Windows Insider Program Agreement strikes me as potentially burdensome because it mandates activity which does not appear to directly benefit Microsoft (emphasis original): By ...
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Can an NDA require you to not only not tell anyone about your signing of it, but also to obscure any implication of your having signed it?

Can an NDA require you to not only not tell anyone about your signing of it, but also to obscure any implication of your having signed it? For example, from these comments from this question: "...
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1 answer
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What type of legally binding document do I need to offer my own services and make a client responsible for their use of my own deliverables?

Lengthy question. I offer software analysis services. I can tell a business what technology they need, how to put it together, and give them the materials to start hiring developers with. I don't want ...
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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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What are the legal risks in removing other people's baggage from a conveyor in baggage reclaim?

I originally asked this on Travel.SE, but didn't get any useful answers. So I thought I'd ask about the legal aspects here. For further details on why I was doing it, see the Travel.SE question. When ...
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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 ...
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190 views

Can a software developer/company be held liable for illegal acts done with their software?

If a software developer(s) / company creates software that can be used for hacking purposes but has "Terms of Use" that state it can not be used for an illegal activity. Can the creator(s) be held ...
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-1 votes
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Can a company waive liability for a self-employed contractor without the end client being a party to the agreement?

Consider a self-employed web developer whose work is outsourced from another web development company. That developer could be liable for any mishaps and could be sued by their clients. The web ...
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