Questions tagged [liability]

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

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1answer
33 views

Liability if someone is hurt on my property

My neighbor sometimes mows a ditch on a far side of our property without asking. The ditch is steep and I'm concerned he may tip over the mower and get hurt. I have 2 questions: If this does happen, ...
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3answers
97 views

Legal Obligations of the Designated Next of Kin – The Deceased Lived Overseas

I find myself in the position of Next of Kin to handle the arrangements for my estranged father. He passed away in a South East Asian Country where he was a permanent resident. I was contacted by the ...
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1answer
27 views

Does a resident (Non owner/renter) of a condo have any responsibility for damages done to another unit? (US/Florida)

Situation: I live with my mother in a condo. The condo is 100% in her name, the only legal relationship I have with the property is that it is my official residence. A water leak caused damage to ...
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1answer
48 views

How far does liability extend in a civil conspiracy?

Acme LLC makes widgets. Bob is a member of Acme. Bob tries to take Acme's widget maker, thinking he can operate the machine himself, but breaks it in the process. Of course Bob has also violated his ...
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1answer
25 views

Does hosting, developer or user location determine which laws apply?

Example scenario: I live in Switzerland and develop a software. I publish the source code (and maybe a binary executable file) on a server located in the USA. Let's also assume a user from another ...
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1answer
72 views

How liable are rental companies for the safety of their tenants?

There was a break-in and armed robbery at a high-rise in San Jose, CA USA, owned by a large property management company. Bodily injury was caused by assault. It happened in the middle of the night, ...
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2answers
45 views

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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1answer
128 views

Does a property owner have liability for signs others post in her yard?

Someone has a house with a yard that is close to a high-traffic street. People often post signs on the corner of this person's yard to advertise yard sales, political campaigns, and more. This is done ...
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1answer
19 views

Does a company have to disclose a data breach as part of the agreement with the SEC to be publicly traded?

If I run a publicly traded company that's releasing hardware and that hardware is compromised and customer data is harvested, do I have to publicize that leak's existence? What if the people that ...
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2answers
2k views

Repercussions of defying the Cookie Law

I was wondering what case law is out there on the subject, or, if there is not much, what real repercussions can website owners who defy the Cookie Law expect? Say Bob is not only pissed off by the ...
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1answer
105 views

Neighbor Suspected a Leak and Opened Up Their Ceiling - Am I Responsible for Repair?

Downstairs neighbor suspected a leak in their bathroom and opened up their ceiling to see where the water is coming from. It would appear that a small leak is coming from below my bathtub, this was ...
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1answer
138 views

Accountability for Attorneys - does it exist? [closed]

I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I ...
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1answer
100 views

Can vehicle owners ever be held to account for accidents caused by someone else driving?

Bob owns a car. Rob borrows it, drives, breaks some road rules and causes an accident with a hell lot of damage, blood and sorrow (all hypothetical). Under what circumstances can Bob be held liable ...
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2answers
75 views

What crime could occur while processing non-fungible tokens without copyright?

Alice creates a non-fungible token (NFT) of a digital file that they do not own copyright of. She adds the token to the ethereum blockchain, and creates a transaction that transfers it to a wallet ...
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3answers
59 views

If someone has significantly less assets than the monetary value of an umbrella policy is there a concern for being sued for their personal assets?

If someone has an umbrella insurance policy for a large amount, for example, $1 million and they have significantly less personal assets (for example $100,000), would it be possible that a lawyer ...
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2answers
103 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 ...
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1answer
84 views

Open Source liability if I accept donations?

If I have an open source project with the MIT license and I accept donations, does that change my liability?
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2answers
52 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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1answer
56 views

What Is the Impact of Liability on Billing for Work Not Done?

First things first, sorry for the uninspiring title. Please edit it if you have a better one for the question! This question arose from a comment on a related question which I posted. The question ...
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7answers
11k views

Can I booby-trap my property against police?

Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcement personnel might conduct a warranted raid of my property. So I setup booby-traps that are designed to either: ...
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1answer
107 views

Accident at Ace Chemical Processing - New Jersey

It is 1988, New Jersey. In the area commonly known as Gotham, a poor engineer, let's name him John Doe, is forced - under the threat of death and bodily harm on denial - to take part in a small crime ...
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3answers
866 views

Can a free website have a terms of service?

I co-own a free website that recently underwent a spam attack. I have considered a terms of service to keep people from abusing the website. However, upon reading sites that inform me how to create ...
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1answer
41 views

CAN-SPAM Act - Commercial Advertisement or Promotion

CAN SPAM Act requires telling your email recipients where you're located: Your message must include your valid physical postal address. This can be your current street address, a post office box you’...
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2answers
139 views

Stochastic legal liability

I am trying to understand how do legal systems handle situation where there is no clear causal responsibility of a person, but a well established stochastic relation. I am aware of the "beyond ...
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3answers
70 views

Are freelancers liable when products they develop for a client suffer data-breaches?

Supposing this is a freelancer & client in the EU and that a website was reasonably secured when developed. Imagine there are no written contracts and a year after delivery this client's website ...
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1answer
149 views

Growing hot chilis in private but accessible garden

I own a few acres of land in a community garden were I plan to grow some of the hottest chilis in the world. The community garden is clearly marked as private property and fenced in. However the gates ...
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3answers
141 views

Who is liable if somebody takes a check written to them before the funds are in place to cover it?

This is hypothetical. Suppose I write out a rent check to my landlord, but I don't give it to him. Instead, I leave it on my desk because I still have to deposit funds to cover the check. Unbeknownst ...
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1answer
67 views

Liability for hyperlinking

Is there any jurisdiction which holds a website liable for policies of another website for hyperlinking to that website.Liability refers to any requirement like tracking number of link clicks or ...
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2answers
141 views

Is employer liable for theft of personal property

If I bring say my headphones to my work, and they are stolen under the following circumstances, can I legally sue my employer and prevail, i.e. they have a duty to provide reasonable safety and ...
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0answers
21 views

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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2answers
57 views

Liability of non-fault driver after impact

I have seen many dash cam videos that show cars impacting then just rolling on without driver input until they roll into something solid. It seems that after impact some drivers just take their hands ...
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1answer
131 views

Homeowner's liability for a social guest injured by a danger unknown to the homeowner [closed]

P is a social guest, hence a licensee. A flowerpot fell from the balcony and injured P. Is the homeowner liable to P? Suppose that the homeowner claims that she was not aware of the danger. ...
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1answer
71 views

Liability for vaccination required by employer

Suppose a current employee of some company is required by that company to receive a certain vaccination to remain employed. If the employee suffers damages by receiving the vaccine and it can be shown ...
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1answer
84 views

Are ASMR Creators and Platforms that show Adverts liable for damaging the listener's health?

Over the last few years ASMR has become very popular. If you don't know what ASMR is, it's video/audio content (popular on Youtube and Twitch) where the host whispers or taps on the microphone, ...
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0answers
31 views

Is President Trump exposed to civil liability by releasing a (presumably) surreptitiously recorded version of his interview with 60 Minutes? [duplicate]

Here is a version of President Trump's interview with 60 Minutes. Assume President Trump or someone working for President Trump recorded this video with an I-Phone without knowledge by 60 Minutes. Is ...
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2answers
149 views

Is Twitter liable for its content?

Twitter has allegedly censored a New York Post story alleging possible corruption by Hunter Biden and, by implication, Joe Biden in overseas business dealings.[1] Sen. Ted Cruz on Thursday said ...
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1answer
50 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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1answer
17 views

Third Party Liability for representations

(I suspect this looks a bit like a homework question. Its not. I have tried to distill the question as much as possible). I'm interested in how this would typically be answered in countries based ...
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0answers
22 views

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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2answers
55 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
129 views

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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1answer
58 views

Is an independent contractor liable?

If an independent contractor performs work or provides consulting services to another company, and that company suffers a loss (or deems to suffer a loss) due to the independent contractor, can they ...
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1answer
27k 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 ...
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2answers
53 views

Service Company Charging for Replacement of Asset After Not Collecting Asset Upon Request [closed]

Our company had enlisted the services of a waste management company during construction. We had used their garbage bin, in Feb 2020, and requested them to pick it up as it was full on Feb 17th. They ...
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1answer
73 views

Liability for felony theft in Massachusetts [closed]

I recently discovered that my recent ex-girlfriend had been stealing money from me. She had stolen my credit card information and used it to purchase Visa Gift Cards on Amazon. This occurred during ...
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1answer
41 views

How Are LLC Liabilities Prioritized? e.g. Are Bank Loans Paid Before Legal Settlements?

Consider an LLC that owns a rental home worth $700,000 and has bank debt of $500,000. A renter slips, falls, sues, and wins a $300,000 settlement. Is the bank debt senior to the lawsuit, leaving the ...
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1answer
105 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
104 views

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

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
279 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
126 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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