Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
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Do I need to protect myself against liability (loss of data caused by my app)?
I originally asked this question in Open Source, but was redirected here :)
I've written my first app, to process images (user photos) on the phone. It writes to the jpegs on the phone, and maybe I'...
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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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Would the structural engineer be liable for this?
Let's say that I have a structural engineer come to my house to determine if I can remove one of the support posts from the basement. He then determines that I don't need both posts as they are so ...
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Personal Info In Commercial Video
If my phone number is put in a commercial video for sale (in a scene involving texting) without my authorization is that illegal? What action can be taken? I work on the set, I've never signed a ...
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Is a public establishment liable for insect stings?
If a patron gets stung by, say, a wasp, while seated in a restaurant, can the patron sue the restaurant for pain & damages? Would an allergy to wasp stings make the case stronger? Would it matter ...
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Foreseeability vs negligence
Why is it the case that contractual liability is usually defined by basis of foreseeability rather than negligence (like in tort law)? I am looking a good explanation for that from economics. I ...
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Difference between employer vicarious liability and personal liability
The Health and Safety in Employment Act in New Zealand is a criminal provisions act. So employers can be both vicariously and personally liable for actions of their employees. When may an employer be ...
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Do immunity agreements really work?
Suppose I commit a murder of a federal official and get away with it. Later I discover that some other unfortunate individual is being prosecuted for the murder I committed. I feel sorry for him, so ...
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Is a barber liable for messing up a haircut?
If a barber accidentally gives someone a bad haircut, causing them to miss a meeting and contract, can the person sue for damages?
user3194
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What can I do if my roommates poisoned me?
What can I do if my roommates poisoned me by improperly using pesticide without asking if it was okay with me to use it or even warning me or telling me after the fact?
The product says clearly it is ...
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Environment Not Safe for Police to Enter
A follow-up to Can I booby-trap my property against police?,
Let us suppose I have some property that I didn't booby trap, but is natural dangerous (say, old mine), and I decided that inside the ...
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Can you sue minors only in America?
As I was reading the story below, I thought I must be reading The Onion, only to later see that it's The Guardian instead.
http://www.theguardian.com/us-news/2015/oct/13/woman-nephew-broken-wrist-hug-...
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Am I liable for work-related duties?
If I, knowingly, break a site's terms of use (in a way like copying its material, when it explicitly states it's forbidden) as part of my job (I have written proof that my boss assigned me this task, ...
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Legal effect of "I am a health care professional" buttons on medical websites
Similar to this question.
Many websites containing medical information intended for medical professionals require that the user assert that he/she is one before the content can be accessed. Merck ...
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Is the owner of a company responsible for people getting injured on their premises?
To frame my question: Someone I know, who is retired and over 70 years old, went to a new health center (baths, jacuzzis, etc.).
The floor was very slippery, and had no warning signs or handles.
They ...
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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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Has a food donor been sued for giving away spoiled food?
Regarding food waste, on John Oliver's series "Last Week Tonight" he states:
That's a common misconception. We all think that if someone gets sick you could get sued. I thought that until earlier ...
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Do I count as a non profit and not need to comply with COPPA?
I have a website for a fan game. We do not profit from it in any way. We don't even have ads nor donations. Do we count as a non-profit and are therefore exempt from complying with COPPA under Section ...
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Disputing Tenancy Deposit Scheme Adjudication Decisions
After years of complaining about the lack of care the landlord had for the property I was renting from them I finally got served an eviction notice.
I moved out, and 2 weeks later because of terms in ...
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What liabilities do the police/CPS have if you are found innocent?
Being accused of a crime you did not commit is an expensive problem. The police may kick your door in and ransack your house looking for evidence. They may deprive you of your property (phones, ...
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Taking payments online via personal website
I'm very close to releasing a business website with my brother-in-law.
It's a brewery business (based in the UK) and we'll be taking payments via a secure payment gateway, such as PayPal.
As we'll ...
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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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Does an illegal clause create liability, or just invalidate the contract?
A private company in Arizona wanted to bring me on as an independent contractor to research what they need to do for (ISO/etc) standards compliance. I was asked to sign an NDA before learning details; ...
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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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Who is liable the prior franchise owner, current franchise owner or franchise?
Say a 24 hour gym Franchise offers cancellation through email of their memberships. A cancellation email was sent but the membership was never cancelled and has been withdrawing dues for up to two ...
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Being Paid for Preparation Time [closed]
The question:
If I am missing time at work, and spending free time, to do research to free myself from a 'crime' I didn't commit, can I sue 'the plaintiff'?
The background:
A rental car company is ...
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To what degree do I have to comply to COPPA in this scenario?
The Children's Online Privacy Protection Act (COPPA) is designed to restrict sites collecting information about children under the age of 13 years of age. If I am operating a general purpose web ...
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Liabilities without explicit consent in contracts
I have been wondering for quite a while now about the following question and have been unable to get a definitive answer. I have asked lawyers who do not know for sure (and this is their field).
My ...
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Do warranty disclaimers in software licenses carry any legal weight?
Most open source software licenses contain, in capital letters, the following disclaimer:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT ...
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Why does this mention the U.S.?
There's a company near where I live called House of Air; it's a trampolining thing so, naturally, it has a waiver which explains as specifically as possible the many and varied ways you could ...
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Open Source Software and Legal Responsibility for Software Content
I'm working with a few folks on updating some serious software for mechanism design. Engineered mechanisms have existed in the world now for a few hundred years or so.
The science here isn't really ...
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Is homeowner liable for police injury during raid
Hypothetically speaking, let's say that a person is very paranoid about intruders, government, end of the world, so on. They decided to buy some land and have a fence around the property with clear ...
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Why do I have to sign a Corrective Warranty Deed for land I had no claim to?
I've found it get hard to get clear information on this subject, but here's the best I can come up with:
My wife's maternal grandmother inherited land from her husband. Some of that land was sold to ...
user702
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Liability of posting potentially dangerous articles on blog
I work with electronics and some of it requires working with potentially dangerous voltages which could cause severe injury or fatality.
So my question is this: If I decided to start a blog and write ...
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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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If Person A gets permission to use Person B's computer, but uses it for illegal activities, who is held liable?
I had this idea to make a network where people can get paid to let other people use their computer for computing purposes. Let's say they got permission to use Person B's computer under terms and ...
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Can the Developer of a Program be penalized if it is used illegally?
If a developer writes a program, for example a password cracker or a code decipher, and it is used illegally, will the developer or the user get punished? A password cracker could be used, for example,...
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Pay electricity bill after being evicted on no contract?
I moved into a house and started paying rent of $110 per week however I was unaware that none of the other tenants (and hence myself) were on a contract so we were essentially squatters. The ...
user566
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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 ...
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Who is liable, the franchise owner or franchising company?
Suppose a car was damaged by a body shop (or similar shop) and the shop refused to cover the cost of repair. (Assume the damage done is not related to work performed. For example, engine is damaged ...
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USA: Is "I am not a lawyer" disclaimer generally necessary?
Is it legally necessary to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in ...
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Would a community website be liable if members took it upon themselves to start privately trading items between each other?
Consider a scenario where a community site, based in Switzerland, with an international member base has two memberships: free accounts and premium subscription-paying accounts. The primary service ...
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Remove liability for user submitted content
I run a website and recently had a small legal dispute with content posted by a user. A copyright owner wanted me to remove content, I acknowledged the request, requested for proof of ownership, ...
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USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement?
Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/...
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What legal liability does one's participation on Stack Exchange carry?
This question is motivated by a question which came up recently on engineering.SE: Cracks on the wall. It may be closed in the future so I will summarize. The user posted pictures of (very large) ...
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Who is liable for damage?
Consider the following situation:
The red car and blue car are both reversing in the above situation. Just as the red car was in front of the blue car's space, the blue car reversed out crashing ...
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Restrictions on Liability Waiver Use
The US National Park Service (NPS) has the following language. This is in the context of a commercial operator (like a white water rafting company) getting a commercial permit to take clients down a ...
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What is "unjust enrichment?"
What is unjust enrichment under the law? It's understandable if associated with liability for wrongdoing. Apparently, this is not a necessary condition. How does it operate independently of liability ...
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