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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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1 vote
0 answers
84 views

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 ...
-4 votes
1 answer
138 views

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 ...
5 votes
1 answer
228 views

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 ...
0 votes
2 answers
148 views

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 ...
6 votes
1 answer
2k views

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 ...
4 votes
0 answers
161 views

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 ...
-4 votes
1 answer
67 views

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 ...
1 vote
1 answer
164 views

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 ...
37 votes
3 answers
9k views

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 ...
2 votes
0 answers
111 views

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 ...
1 vote
2 answers
153 views

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 ...
2 votes
1 answer
628 views

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 ...
1 vote
1 answer
178 views

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 ...
2 votes
1 answer
194 views

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 ...
3 votes
1 answer
64 views

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 ...
1 vote
1 answer
208 views

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 ...
0 votes
3 answers
253 views

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 ...
0 votes
1 answer
123 views

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?
24 votes
4 answers
22k 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 ...
1 vote
1 answer
112 views

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 ...
6 votes
1 answer
15k views

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 ...
2 votes
1 answer
166 views

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 ...
4 votes
4 answers
378 views

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 ...
-6 votes
2 answers
164 views

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?
0 votes
1 answer
157 views

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 ...
31 votes
3 answers
11k views

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 ...
1 vote
1 answer
75 views

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 ...
0 votes
1 answer
77 views

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 ...
1 vote
1 answer
85 views

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 ...
2 votes
2 answers
1k views

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 ...
3 votes
1 answer
351 views

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. ...
2 votes
1 answer
79 views

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 ...
3 votes
1 answer
1k views

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 ...
-2 votes
2 answers
179 views

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 ...
2 votes
2 answers
148 views

Liability with Stolen Property

A car is stolen and the thief injures himself, another, or property. Does liability extend to the owner? Does it matter if the owner had yet reported the car stolen? For the sake of this question let ...
2 votes
0 answers
54 views

Do I have to keep encryption keys secret if I know they decrypt copyrighted content that was distributed without authorization?

Say someone else posts an encrypted file online, and challenges people to decrypt it. Say I download the file headers, and I manage to determine the password. (Maybe it was a made-up word that only me ...
1 vote
1 answer
154 views

In Switzerland, is it legal to make an employee liable for damage, loss, or theft of company property?

My Swiss workplace issued me a laptop. They also issued me a paper detailing the price in Swiss francs of the laptop, apparently with the expectation that I'd pay that amount if anything happened to ...
0 votes
1 answer
93 views

What happens to oneself when one is at fault in accident with their own injuries?

No-Fault State My understanding is that insurance travels with the car. Therefore, this is the example Driver1Car1 100k liability Driver2Car2 300k liability Car1 hits car2. Car1 driver 100% at fault....
24 votes
2 answers
8k views

A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?

A car catches fire in a multi-story carpark. The fire spreads quickly from the car, igniting nearby vehicles, leading to a raging inferno that causes the collapse of the carpark. All the cars parked ...
2 votes
3 answers
122 views

Who pays for checking for damages?

Say my neighbor has a very delicate piece of equipment, and I accidentally bump into it. It doesn't look broken, but it might be broken internally. Because of the nature of the equipment, determining ...
6 votes
2 answers
2k views

When must someone identify themself after damaging someone else's property?

After a car collision the law (in the UK at least) requires the drivers to give their name and address to each other. Does this apply to car accidents on private property, such as carparks? Are there ...
0 votes
2 answers
230 views

Can a property owner be prosecuted for an illegal demolition done before they bought the property?

Suppose that someone buys a property which previously had a small derelict house on it, which the previous owner tore down before listing the property for sale. The previous owner claims that the ...
32 votes
3 answers
8k views

My bag falls off the overhead rack of a train onto the seat below. In case of damage or injury, who is liable and what to do?

In most long-distance trains, notably in Europe, there are big racks for the larger bags and a shelf above the seats that runs the entire length of the car for smaller ones. The latter is also used ...
24 votes
4 answers
8k views

Contractor does work on the wrong house

I saw a post online where someone (in the UK) is claiming they accidentally went to the wrong house to replace windows and the homeowner let them in, let them perform all the work, and then thanked ...
2 votes
2 answers
121 views

Relation between transport security investigation and police investigation

The MAIB (the maritime transport safety investigation board of the UK) has recently published a safety bulletin about liferafts that weren't properly serviced by a service station. The full report is ...
4 votes
2 answers
232 views

What warranty would gratis software have?

Most, if not all, free and open-source software (FOSS) licenses have a liability/warranty disclaimer. The GPL's disclaimer is especially long: Disclaimer of Warranty. THERE IS NO WARRANTY FOR THE ...
6 votes
2 answers
789 views

If you are a state employee, what responsibility does your employer have to provide legal council when you are acting on its behalf?

This question came up during public records training at a public organization in Washington state, but I am interested in the general case. That said, I've provided the specific hypothetical about ...
3 votes
1 answer
118 views

Typo in disclaimer - worst case scenario

I've noticed a typo on an investment company's disclaimer in a brochure, to the effect: This company and its research affiliate June continue to have such dealings and June also have other ongoing ...
2 votes
2 answers
149 views

In France, can the insurance not apply if my motorcycle has racing parts?

I have a motorcycle in France that is insured. For clarification, I do ride on road and not on a circuit. Doing some maintenance, I changed the air filter to a racing one that says to increase air ...
1 vote
2 answers
154 views

Artist liability for illegal art?

Have any graffiti artists, in the process of asserting their copyright claim in court over illegally placed works of art, and in doing to by proving themselves to the the creator of the works, been ...

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