Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
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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 ...
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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 ...
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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 ...
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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 ...
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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....
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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To what extent does financial interest in vicarious liability in copyright law extend?
I've just learned about vicarious liability. It appears that it means that if you have a right to stop a copyright infringement and you're directly profiting from the fact that the infringement is ...
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Purchased merchandise stolen from customer before taken off retailer’s premises
Bob purchases an item from ACME stores Ltd but it was stolen from him before he left the store. Bob would like to request a replacement or refund. Whose loss is this? Whose property was stolen (...
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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? of not what charges they could be facing?
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Can I sue a restaurant that knowingly served me a meat patty instead of a vegetarian [duplicate]
I ordered a pick up order from a restaurant that included a veggie burger. Upon eating it I noticed that it had a weird taste to it and I wasn’t a fan.
My boyfriend and roommate noticed that it looked ...
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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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Is the purchaser of a company responsible for guarantees made by the seller of the company, if it is Not specified in the contract of sale?
If company A sold its business to company B, which company, A or B is responsible for "service guarantees" made by company A in the event the contract of sale does not address this matter? ...
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Liabilities with restoring a stuck-down video from archive?
In this [movies.meta.se] question: What if a question's embedded video clip is struck down for copyright violation?, I discuss a potential policy issue for that exchange. In the case I list, there is ...
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Is there liablility if Alice startles Bob and Bob damages something?
The other day I saw a random clip on YouTube, where Alice sneaks up to Bob, who is vacuuming, and scares Bob. Bob gets startled and swings the vacuum into (Bob's own) expensive television, breaking ...
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Is there a reason not to use liability insurance?
I was recently hit by a car while riding my bike home from work, and the police determined that the driver was at fault and wrote her a ticket. She is insured, and presumably has enough liability ...
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How would one protect one self from a suit while skiing?
I am skiing and cause unintentional injury to another slope patron/client.
How would I protect myself from being sued?
Is there insurance if sued that could protect my assets if found negligent and ...
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Liability of products that are inherently risky (e.g. skateboard)
How do manufacturers of products that necessarily imply risk deal with liability?
Are they only liable if the product malfunctions in an unexpected and unpredictable way (e.g., the board breaks)?
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Civil liability and replacement values
Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car.
Suppose that the car was bought on a temporary, time-...
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Should my hosting service return part of my annual fee if my site was hacked? [closed]
I’m an artist, and I have a website on the artist hosting service, Artspan.com. Unfortunately, recently their hosted websites were hacked and some of us lost all our uploaded images. They have said ...
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Karen sues a workshop for damages as she was trespassing and disregarding mandatory safety gear. Does she have a case?
Let's paint the scene: We work in the back of a metalworking workshop in Austin Texas. Huge machines make lots of noise, at times there are steel panels on the floor with access holes to access the ...
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If you let a thief into the building, are you liable?
In a building with gated entry, if a resident lets a stranger into the building, and he turns out to be a thief, would the resident who let him in be liable for the damages?
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What does section 5 of Creative Commons 4.0 means?
I am in no way a lawyer, and I am having trouble decoding this part of the creative commons license :
Section 5 – Disclaimer of Warranties and Limitation of Liability.
Unless otherwise separately ...
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Liability for releasing AI into the "wild"?
Lets say Bob writes an AI that has the ability to replicate, learn and has a predisposition towards self preservation. As the AI gets smarter, it realizes that it needs to clone itself in order to ...
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Liability of a drug addict and alcoholic having a accident in a rented car
Let's say In the United States there is a person with a drug and alcohol problem. The person goes to rent a truck from Home Depot for a few days. The person then gets involved in a drunk driving ...
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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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Legal Liability for mentally infirm
This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me.
I am well past the age of majority. One ...
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broker cancelled life insurance policy without authorization [closed]
Back in 2018 we had a life insurance policy that was set up in 2007, we were selling our house and buying another, our broker wanted to make sure we were covered as we were taking on a bigger debt. ...
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Can / How would a lease (contract) require an injured visitor to hold the renter's insurance liable?
Assume Jane visits Bob (Renter). Mike is the Florida landlord.
Jane slips and falls on the Mike's rental property, Can Mike's attorney construct lease so that Bob is required to have some sort of ...
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Has it been Legally Confirmed that A Website is not Liable if passwords stolen from it are used on other sites?
Security Experts the world around all agree that you should not reuse passwords across sites. This is simply a matter of best practice, and it protects you such that if your StackExchange password is ...
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How far does legal gymnastics go to remove liability?
Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
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How does the Florida homestead exemption apply to a house on .51 acres?
If my Florida primary residence is on a .51 acre lot in a municipality and I get sued, can the creditor take my house because I am over the .5 acre limit?
I understand that I would keep .5/.51 = 98% ...
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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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What fiduciary responsibilities do real estate agents have for a buyer?
As the title states, What fiduciary responsibilities do real estate agents have for a buyer?
As a example to stir the thought process. Real estate agents have an inherit benefit of a buyer paying a ...
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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 ...
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The legal liability of providing something free vs paid
Bob feels charitable on one fine Sunday morning. He made 50 burgers and wanted to give them free.
A few independent examples:
Bob distributes the burgers on the street to strangers
Bob places the ...
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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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What liability would be incurred by both parties in the incident of a bicycle and footpath walker collision?
I live in a city in the UK that has an extensive network of foot/cycle paths, and make use of these paths for exercise by cycling on them. I share these paths with pedestrians and other cyclists, ...
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