Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
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NDA without a defined maximum liability amount
I would like to ask if it is normal (standard situation) for an NDA to not define the maximum liability amount. Someone can hack my computer or data storage and I inadvertently access confidential ...
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Assaulted by store employee: who is liable?
Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
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Is anyone who develops websites or webapps for clients legally responsible for what they are creating and all the gdpr obligations?
Suppose the case of a european (italian) web developer who, at the request of a client, creates a web platform for him from scratch (also with database, saving user’s data, ecc.). When putting the ...
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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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Why doesn't law take into account probability?
My question is based on my layman understanding, I'm not in law
When I think of "[damages]"* I think of "what is the expected liability from an interaction," as opposed to "...
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Event waiver needed?
A relative has an event based business (LLC). So far, events for her group have all taken place in restaurants in the city where she resides. Our question relates to liability and need for a waiver, ...
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Can you be convicted of a crime when you could not avoid doing so because of a bug in a state-owned mobile app?
Oregon offers electronic licenses and tags for hunting and fishing; the problem is that the app does not work reliably offline, despite advertising this feature. (It's very common to not have an ...
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Liability for the honest but mistaken actions of others
Imagine two completely unrelated businesses, A and B, both have toll free phone numbers (so both incur cost for a call to their phone number) but the numbers are close enough for wrong dialling to ...
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Can an individual be held responsible if their code is used maliciously?
For a while now, I have been interested in viruses, backdoors, etc. As a result, I've started to tinker around with techniques on how to go undetectable for educational/personal purposes. I'd like to ...
Eccentrici
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I have the keys to a friends house for when he's out of town
So a friend goes out of town on a usual basis and has handed me his keys in case I need to manage incoming and outgoing packages when he's away. He has also said that I can crash when he's away.
I am ...
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Are there any legal jurisdictions where members of parole boards are accountable for crimes committed by parolees?
It has been reported that spree killer Myles Sanderson was previously released on parole despite having been convicted of a large number of violent offences.
Since it is hardly the first time that ...
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What is the timeframe for Mastercard's "zero-liability" policy?
Other types of transaction disputes such as "product not received" has a clear reporting timeframe of 120 days or 540 days. That is, the consumer is usually protected only if the report is ...
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In the US, have there been any successful lawsuits over COVID infection liability?
Its often been claimed during the pandemic that some businesses voluntarily mandate masks because they fear losing a lawsuit if an employee or customer gets infected on their premises. Since March ...
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Does a "personal guarantee" in an ad actually create a legal obligation for the person making the guarantee?
I just saw this MyPillow ad:
If I buy a MyPillow for $19.98, and it isn't the most comfortable pillow I've ever owned, or I buy another pillow later and it's more comfortable, and the company refuses ...
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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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Even if Plaintiff sues all 3 Defendants, wouldn't D1 and D2's arguments that D3 broke the chain of causation be identical?
I deliberately hedged each defendant's possible negligence.
D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire.
...
user42021
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If D1 can't sue D2, then wouldn't D1 and D2 argue identically that D3 broke the chain of causation?
I deliberately hedged each defendant's possible negligence.
D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire.
...
user42021
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Is it legal to assume drivers will stop at amber light when it is safe to do so in Ontario?
A vehicle is positioned in a controlled intersection waiting to turn left from a two-way road. The light turns amber, and the driver waits for traffic to legally pass through the intersection. ...
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Copyright liability for encoded files?
What are the details of copyright liability for an uploaded, encoded file?
For example, let's say there's a copyright video, then someone encodes the entire file by shifting each of the bytes (either ...
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Storm damage to tree
A storm broke a healthy branch which fell into neighbors backyard. If I have this now damaged tree removed, am I admitting liability for neighbors cleanup?
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If our HOA does not have enough to pay for all damages, would putting everything into my trust be enough to protect my assets?
Let's say someone sues our small HOA for more than the HOA insurance will cover (for something that happened in the common area), and not finding enough, sues each owner for the rest. Would my assets ...
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Why would American Airlines be at fault and not the arresting office?
Context: SOURCE
Michael Lowe filed his lawsuit on Monday in Tarrant County, Texas,
after he says he was arrested last July for a crime he didn't commit.
According to the lawsuit, a duty-free shop at ...
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Do lies turn facts into creative works?
In the answer to an earlier question of mine, there was this statement and comment:
Answer:
mapping companies make deliberate errors in their data such as adding streets or geographic features that ...
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In what circumstance would a holding company be legally liable if a subsidiary is sued or involved in an legal issues?
In what circumstance would a holding company be legally liable if a subsidiary is sued or involved in an legal issues?
Lets say you have a holding company that holds 10 companies then one gets sued. ...
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If I jointly own a piece of land in the UK and the other party starts a business. Would I be liable for the business
I jointly own a piece of land with my sibling on which we have built stables. They are planning to rent out a number of the stables to another party. The business will be their interest only (I will ...
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Liability of joint bank account owner (U.S.)
Say that persons A and B have a joint bank account, with A as the primary owner, and assume that A gets sued. I understand of course that all funds in the account are exposed in the suit even if B had ...
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Liability as a project manager [closed]
I am offering project management services to a group of people wanting to buy some property.I would like to say something like this:
"Any advice I will give to the client will either be based on ...
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Am I responsible for accidental damage done by an electrician?
If I hire an electrician to do some job, and he caused a fire at the house. Am I also somehow legally responsible for the accident because I hired him and not another electrician, who might have been ...
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Would I be liable for damage caused by a vehicle fault, if a mechanic has told me the fault doesn't exist?
Hypothetical situation: I notice my car's brakes are making funny noises, so I take the car to my mechanic to have it checked out. The mechanic inspects the car and informs me that the noise is ...
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Would I be liable for damage caused by vehicle failure during a test drive?
I recently purchased a vehicle via an online dealer that offers a 7 day test-drive period.
While on a test drive, I heard a familiar "Knocking" noise coming from the driver's side front ...
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Liability for a driver hitting a concrete-filled pumpkin on purpose
This YouTube short video describes a man (let's call him Peter) who has placed Halloween pumpkins at the end of his driveway, only to have the pumpkins intentionally run over by car drivers, so as a ...
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Liability for explosive theft prevention
A man in New Orleans, USA, developed a method to prevent thieves from breaking into his car by rigging a flashbang to detonate if someone broke in. A flashbang is an explosive device that triggers a ...
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City responsibility for vehicle damage due to road condition?
If I don't maintain the sidewalk in front of my house, and someone falls and gets hurt, they can sue me. Seems reasonable to me.
If the street has a big pothole, and it damages my vehicle, is the ...
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I paid a fradulent bill via venmo, canceled payment with supporting bank and venmo, bank stopped payment, venmo didn't. Am i liable ro venmo?
Suppose a person A canceled fraudulent transaction that A made via Venmo with both venmo and A's bank. Suppose the bank stopped payment, but Venmo didn't. Suppose that Venmo now wants payment from ...
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Are you vicariously liable to someone you hired to carry out a negligent act?
Vicarious liability holds that when an employee is negligent and causes damage in the course of work, the employer is held liable. What if the "work" itself is negligent, and the damage ...
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Is an individual liable for administrative costs when backing out of an employment contract accepted via email?
A non-EU citizen accepted an offer of employment in writing via email for a company based in the Netherlands. They sent their passport and other documentation to the company to begin the process of ...
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does LLC liability insurance offer any protection against piercing the corporate veil?
I have seen a fair amount of information about operating an LLC and steps to take to avoid potentially piercing the corporate veil. I am wondering if liability insurance carried by an LLC plays any ...
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PLLC protection still intact if using personal credit card for expenses
Would using a personal credit card to buy things for a single-member PLLC risk weakening the protection it offers over personal assets, or is it fine as long as proper accounting is maintained?
It ...
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Can I make a restaurant from a game and make it into a real business?
Is it illegal to make a restaurant from five nights at Freddy’s and make it into a real life Restaurant? It‘s just a thought that randomly came to mind.
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Could Mark Rober be liable if damage occurred due to his holiday prank on package thieves?
For several years YouTuber Mark Rober has posted videos where he builds a device that can record video, play sounds, flash lights, spray fart spray, and shoot glitter when opened. He puts them in ...
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Kids climbing fence to pass through yard - homeowner's liablity?
Suppose a property owner does not mind if children, say aged 11 to 13, climb over their fence to use their property as a shortcut.
What would their liability be if one of these children hurt ...
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Insurance law, DIY improvements gone awry
I have watched a few videos online where DIY projects went awry. For instance, tree removal with tree winding up on a homeowner's roof and auto.
What are the general insurance rules regarding such ...
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California: Bob is going on a trip. Mechanic is fixing his car. Bob reached out to get it back, but M is unresponsive. Can M charge for storage?
This is a follow-up to California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold? and it contains a ...
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California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold?
TL;DR
Bob took his car in to a mechanic (M). After M worked on it, Bob decided to sell it to him. It's currently in his shop but it'll take Bob over two weeks to sign over the title.
In the meantime, ...
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Can a person be held liable in California if an intruder falls into their pool which didn't have a fence?
According to the Municipal Code of Santa Monica:
The swimming pool or spa, or the entire parcel on which it is located, shall be walled or fenced from the street or from adjacent properties; and ...
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In UK law, are cladding product manufacturers and property developers, civilly liable for dangerously combustible cladding products? If not, why not?
The UK cladding scandal is a well known problem. Essentially it sounds like manufacturers either knew/should have known of product fire risks (or at least in some cases they knew/known about them over ...
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Property Owners & Injury Liability w/ Signage (US, WV)
Scenario
The image above is an aerial view of one of our vacant estates. The area in red depicts our property while the blue dots indicate a path that pedestrians often take to avoid the dangers of X ...
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Can a parent company be forced to pay for the liabilities of a spin off company in the U.S.?
https://www.npr.org/2021/10/21/1047828535/baby-powder-cancer-johnson-johnson-bankruptcy
The health products giant used a quirk of Texas state law to spin off
a new company called LTL, then dumped all ...
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Does someone have liability for selling a vehicle that later fails and causes an accident?
Suppose Alice wants to sell a 20 year old car with some structural issue that she knows about. Alice discloses the issue, along with the disclaimer that she is not a mechanic and doesn't claim to know ...
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Does a web application ToS or privacy policy need to be in "legal" text?
I created a web application where users can create content online. The data that they created is stored in an online database and others can see it with the link to their content online. I want to ...
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