Questions tagged [liability]

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

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732 views

Can I be sued for unintentional patent infringement?

Based on my patent search, I don't think there is any existing patent that would cover the device I want to create and sell. But if I am mistaken, and I make a business selling my device, what is the ...
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3answers
55 views

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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1answer
72 views

Are there laws requiring the release of PII to participate in wall climbing in Utah?

I've been climbing climbing walls for over a decade. It's a lot of fun. But after moving to Utah recently, I find myself at a bit of an impasse. I can't find any place around here that has a ...
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1answer
371 views

Can one be held liable for provoking a DDOS attack?

Let's say I'm in a Internet Cafe in some place of the world* and I buy their services to access some online instant messanging service. Suppose I chat with a person online who decides they really ...
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2answers
116 views

What are the legal ramifications of associating a pen name or pseudonym with an image?

I am developing a web site for ebooks and ebook authors and have a question about my legal liability in regard to allowing images to be associated with pen names or pseudonyms. The publishing ...
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2answers
906 views

Can my business be liable if I'm sued personally?

I've seen this questioned asked the opposite way a number of time, but I've not seen it the other way around. Lets say I own a million dollars in real estate in an LLC. If someone has a grievance ...
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1answer
42 views

Any liability for receiving mail for elder parents

My in-laws were put into a nursing home. If we have their mail sent to our address can we be any liable for any of their bills? I assume the answer is no, because we are not signing for any of ...
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2answers
935 views

Refund after robbery in a bank

If a bank happens to be robbed just after I withdraw money from my account, and the robbers make me hand over my money to them, am I entitled to refund from the bank? I know it may depend on the ...
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2answers
370 views

Does LLC protect from personal lawsuit

I am looking on taking my first job as a freelance developer and the project involves ecommerce. We are starting to get to the contract talks and I wanted to make sure if anything goes horrible wrong ...
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1answer
98 views

Small car accident, lack of evidence

In an almost empty road, where not many people walk, my father had an accident. The traffic light was red, and soon after it went green, he started moving. However another old man, moved as well, ...
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1answer
74 views

Does releasing a work into the public domain disclaim any warrants?

My understanding is that the releasing statement assigns "ownership" of the work to the public at large. But obviously one could not sue "the public" if (say) PD software crashed due to a defect and ...
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1answer
59 views

Is the NSA liable for not reporting a security vulnerability?

The NSA created several toolsets that involved 0-day exploits that were not reported to the vendors of software & hardware. This put in danger the safety and security of anyone using these pieces ...
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1answer
43 views

Insurer charging both parties an excess

2 cars collide in a minor collision. The drivers are both insured with the same insurance company and both have comprehensive insurance. The insurance company comes up with a determination that both ...
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1answer
99 views

Dog was attacked, owner gave false info. What to do?

So here's the situation: First of all this is all happening in Ontario My friend's dog was attacked recently by a 6 month old boxer, which despite its age, was strong. She (the attacked dog's owner) ...
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1answer
577 views

Tenant-Landlord Breach of Contract [closed]

The contract stated that the landlord would steam-cleaned carpet and the apartment among other terms. In return, the tenant pays 1650$ deposit and 1650$ rent to move in. The landlord lied repeated ...
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2answers
165 views

Who is responsible for getting the tree removed?

A big storm passed through our area and a bunch of trees fell. This one tree is kind of in a weird situation. The tree is technically on my neighbors property and it fell towards our house. However, ...
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1answer
44 views

Is it possible for a tenant to sue a land lord for harm caused by mold

Take a case where the mould is caused by an identifiable maintenance issue such as a leaky pipe . The tenant does everything they can to minimise the harm done by the mould. But health issues are ...
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1answer
95 views

Can I relinquish all liability, or have all liability relinquished prior to a possible offense?

Can I have full immunity or liability relinquished prior to any possible legal acts/offenses of a certain nature? For example, say I'm hired to be the voice of a public image that one day may be ...
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1answer
413 views

Does Canada have a less litigious culture than the United States?

I have an anecdotal question about the legal culture in Canada that is based on a personal observation of mine and may not be answerable here definitively. But here goes: Last summer my family and I ...
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3answers
10k views

How to mitigate the risk of getting sued by clients (web dev contracting)

I'm a web dev and I'm thinking about becoming a contractor. I feel a little uneasy about the possibility of someone potentially trying to sue me. If, for example, a client wants an e-commerce website ...
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1answer
50 views

Is it legal to sell files that were uploaded by the users?

Is it legal to operate a website that works like this: User 1 registers, uploads some file, sets its price and description User 2 buys the file, money goes to website's bank account Site takes its ...
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1answer
125 views

Can an apartment release my package without approval, warning, or notification?

I had a package that was delivered this past Tuesday. It was supposed to have been picked up for a return by UPS, but for whatever reason UPS hasn't picked it up yet. On Thursday, a leasing office ...
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1answer
50 views

Financial responsibility of payoff of totalled car

My daughter wrecked her car years ago and totalled it. My wife co-signed the loan. The insurance check to pay for the car was sent and my wife mailed it off to the bank that financed it. A time later, ...
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0answers
55 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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2answers
366 views

Public school liability for slip and fall injury? [closed]

If someone slips and falls on a patch of ice in a public school parking lot, and: The victim is not a student The victim was expected to be on the school grounds (i.e. not a "surprise visit" or a "...
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1answer
133 views

Liability with Medical Interpreters?

I'm working on a project for school about machine translation for physicians. I'm having trouble finding information about liability in regards to medical interpreters. Basically, if a translator ...
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1answer
179 views

Are municipalities responsible for rat problems?

A friend of mine is having some problems with rats along with a handful of his neighbors. He is under the impression that the city should be coming out to get rid of them since it's a "health issue". ...
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1answer
322 views

Is this passive induction of suicide?

Today we were arguing about induction of suicide, the theme was the following: if you pretend to commit suicide and your girlfriend\boyfriend didn't know it was fake and consequently commits suicide ...
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2answers
311 views

What legal consequences exist for falsely accusing counterfeiting?

Entity A falsely accuses in a formal complaint with a large E-Commerce website, a retailer or group of retailers of knowingly selling counterfeit goods, for entity A's own benefit. Entity A files no ...
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1answer
131 views

Is a company liable if an employee intentionally ignores company procedures?

In the United States, how egregious does an employee’s actions need to be to override Respondent superior/Vicarious liability and hold the company blameless? A hypothetical example: Bob is a full-...
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1answer
126 views

Refusing to pay part of a installment plan

I know very well that not paying a loan of any sort can traumatize your credit score, and depending on the loan agreement could also impact you legally. What about installment plans? Where no ...
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1answer
326 views

Can I get in trouble just for owning a copyright? Even if I never touched or even saw the work

Let's say some author is dying and decides to give me the copyright for the book they wrote, because they don't like their heirs. Or some hobby developer over the Internet gives me the copyright to ...
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1answer
333 views

Can I be held financially liable for services I received as a minor?

I was in an auto accident at the age of 17. My mother and I had attended a local chiropractor but stopped attending before my 18th birthday. Since I was a minor at the time I did not sign any ...
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2answers
520 views

Increase in civil award damages in 1980s?

It seems that there was a large increase in civil awards around 1980. Piper Aircraft went bankrupt in 1991 after a decade of fighting lawsuits. In 1975, there were 20 makers of football helmets. By ...
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1answer
1k views

Damages During Open House [closed]

If somebody willingly invites people in during an open house, what happens when there are damages to the property? Does the realtor showing the house have any responsibility? A bit of background to ...
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1answer
60 views

If a product is faulty, who can be held liable?

Say I make a website for someone else. In the website I use a library for processing payments. Say there is a bug in the 3rd party library and it is latter found by the website owner. Can they sue me ...
2
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1answer
58 views

Do replies to a tenant have to address every statement they make?

Just had an email exchange with my tenant, in which he made a couple of untrue assertions. I only sent a short email asking for a phone call so we can resolve the issue since I have no intention of ...
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1answer
789 views

What is “wilful act” and “gross negligence” under UK's law?

Is a "wilful act" an intentional act that can never exist without the agent's intention (e.g. similar to "dolo" in Spanish)? Or can an act that I didn't desire the outcome, but that I performed ...
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2answers
60 views

Do I need to verify the licensing of an image to be used on a clients website?

A client has sent me an image to use on her home page. If this image is stolen, am I (or my company) held liable? Side/follow up question: In my personal work contracts, I add a clause stating that ...
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1answer
81 views

Liability limited to 1 euro

Often I see a disclaimer to negate any damages caused by software. But I found https://www.pgadmin.org/licence.php which has the last line that says liability should be limited to 1 euro. Is there a ...
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1answer
112 views

Is there liability for accidental deaths of astronauts?

I read about the death of an astronaut in an exploding rocket; I don't know if it was recent or not. Would the developers of this shuttle have been subject to any legal action, or would it be ignored ...
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1answer
49 views

Who is liable in case of a cybersecurity breach?

Been thinking about this for a while: Suppose a company is hacked and maybe a lot of customer sensitive or financial data is stolen by the hackers. Who is legally liable for any damages? Is it the ...
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1answer
427 views

Legality of absolving martial arts class of responsibility if injury or death occurs?

Although people sign a declaration before skydiving, that they are aware they may die, the parachuting center can still be charged for manslaughter if the parachute doesn't open. Does the same ...
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1answer
260 views

Are officials shielded from implementing an executive order later considered unconstitutional?

Suppose that the President of the United States issues an executive order that violates the constitution. Can officials carrying out the executive order be considered guilty of violating the ...
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1answer
795 views

Can I drive my friend's car without having car insurance myself?

I haven't owned a car for months, and I'm about to go on a road trip with a few friends. We want to split the driving between ourselves, but I haven't owned a car in months, so I no longer pay for ...
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2answers
577 views

Can a contract waive negligence in Ontario, Canada?

Can a customer of mine waive negligence caused by me when doing any business activity on assets/property? What if the property belongs to someone else, but I state that they take all responsibility as ...
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1answer
67 views

Which insurer is liable for a peril than spans two policy periods

Consider the following hypothetical scenario - A homeowner has decided to switch insurers from Gecko to NoState, the old Gecko policy ends at 12:01am on January 1st, and the new NoState policy starts ...
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2answers
11k views

Are booby-traps illegal if they don't harm humans?

I saw this image today: [![4chan post][2]][2] For the sake of this question, let's assume it happened in the front yard of the poster's house (so on his property) If this really did happen, would ...
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1answer
45 views

Liability for Client Data Confidentiality

If a ransom-ware attack was to happen which threatened to make public "private client data" if you didn't pay up: Is an LLP (Limited Liability Partnership) status enough to protect the company, its ...
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3answers
613 views

What is the legality of implementing an unrevealed killswitch in software?

In this hypothetical, the poster describes the following: during employment with his/her employer, the poster invents and patents a method (in his/her free time) that it turns out, is useful for his/...

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