Questions tagged [liability]

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

27 questions with no upvoted or accepted answers
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38 views

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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129 views

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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733 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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81 views

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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57 views

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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280 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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110 views

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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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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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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42 views

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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79 views

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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15 views

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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71 views

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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123 views

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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1answer
97 views

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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1answer
74 views

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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1answer
83 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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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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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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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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16 views

Will E&O and GL insurance protect an employee against losses arising from his employer's indemnification demands?

This question assumes that an employee has a contract with his employer to indemnify them if there is a loss to the employer's client. I called an insurance agent, and he did not know if such ...
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41 views

Strict liabilty

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

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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93 views

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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154 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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1answer
50 views

Notary attested true copy of passport

Where one can notarize the copy of passport in India? Like mentioning A true copy and signed sealed verified by notary person.
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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 ...