Questions tagged [liability]

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

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45 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
70 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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1answer
127 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
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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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
99 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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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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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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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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2answers
138 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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1answer
55 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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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
65 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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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
82 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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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
82 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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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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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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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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1answer
97 views

Stolen code in a GPL repo

Quite an odd thing has happened. A software author as released a repo under GPL 3.0 license But inside that repo is code that the author doesn't own in any way and has no license. Now when people fork ...
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2answers
72 views

Does a work reference have liability?

Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate? I've seen some companies ask ...
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2answers
75 views

I want to provide a online service/app to the world which might not legal in all countries/jurisdictions but mine. What next?

If i provide an online service/app to the world which is legal in my country/jurisdiction but might not be legal in other locations, what i have to do or what might happen to me? I mean every ...
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1answer
70 views

Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods

I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country ...
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2answers
126 views

Has omitting “but not limited to” ever resulted in a lost case?

Given the ubiquitous use of the phrase "including, but not limited to," have courts ever actually upheld a misinterpretation of the English word "including" to instead mean "...
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0answers
70 views

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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4answers
6k views

Can I be liable for vandalism if I have posted a political sign on the property?

I have posted a political sign on the front lawn of a house I am renting. The landlord has told me that if I don’t remove this sign, I will be liable for any vandalism occurring to the house, as he ...
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3answers
8k views

If a stolen item is stolen again, who has the liability?

This is a follow up on a poorly phrased question. Assume a car is the only asset anyone has in this scenario. Person B steals a car from person A by forging the registration in a fraudulent manner. ...
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2answers
76 views

Can a fine incrue interest? Can a fine be/become unreasonable?

In the United States, there are certain situations where you must pay a fine that government in the United States puts upon someone. However, is it legal to impose a fine greater than what a person ...
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0answers
24 views

CDA 230 and moderation of subreddits

On the site Reddit anyone can create a "subreddit" to which people can make posts and comments, with the creator of the subreddit being able to moderate posts and comments. Does CDA 230 even apply to ...

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