Questions tagged [negligence]

Negligence is a common law tort concerned with the protection of person, property and economic interests from harm caused by another person's unintentional (but possibly deliberate) failure to take care.

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Contracting a builder 2nd time to fix their own negligence

Bob contracts Rob, a builder, to do some building work which requires the use of some heavy rare-to-find machinery which Rob owns. Rob mostly does a good job, but in one place he rushes it (end of ...
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Oregon: multi-car crash fault distribution

If the driver of car A causes a crash with car B, which causes car B to suddenly stop, and then car B is rear-ended by car C, is A fully responsible for the damages to B, or does C share in some of ...
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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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Why did Lord Devlin bring up "the doctor accepted half a guinea for his trouble"? Don't NHS doctors receive consideration, even if patients don't pay?

In saying "the doctor accepted half a guinea for his trouble", Lord Devlin is giving an example of contractual consideration for the private doctor. Correct? I'm not British. If I ...
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Does a duty of care arise from advertised functionality?

Credit card issuer advertises "account alerts" on its website and in other communications, e.g., to "receive a reminder when your payment is due". Customer sets up alerts, and ...
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2 answers
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Held liable for negligently allowing counterfeit?

Suppose Alice runs a bar in the US, so patrons must be 21 or older. Bob comes to the bar with a fake ID, and Alice allows him to order drinks. Normally if Bob were caught, it seems that there would be ...
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Take action against a hotel for negligence in accommodating a disabled guest?

My wife has diagnosed C-PTSD which her doctors have classified as a disability. She also lives with another disability related to a spinal injury which makes it difficult for her to walk. We are ...
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How does a lawyer's malpractice liability differ under the following two scenarios?

Situation: A client wanted to do a deal with a third party, and hired a lawyer to structure the transaction. There were several required filings, registrations, permits, etc., to make the deal viable, ...
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Is there a general duty to avoid creating unsafe situations when driving (Belgium)?

As I understand it (and please correct me if I'm wrong), in aviation and in maritime traffic, there is an overriding obligation to operate safely and avoid accidents/damage. E.g.: Alice and Bob are ...
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How negligent does a prison have to be before becoming liable for harm to a prisoner?

This question is prompted by this news story: A hastily executed transfer of nearly 200 people in California’s prison system set off a public health disaster that endangered the lives of thousands of ...
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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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Do I have standing to sue a credit bureau or lender after being approved for a loan but being prevented from signing due to their error?

I'm in New York. So, what happened was that I applied for a loan from a loan agency. My credit was good, I was making good income, and my loan was approved. I need to stress that last point. My loan ...
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Trump knowingly let thousands of people die from Corona; was that criminal? If yes, could he be charged (now or after his Presidency)?

The title says it all. Trump told Bob Woodward that he knew in February that the coronavirus was deadly but decided to actively and consciously deceive the public and not take decisive action to ...
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Can I sue my neighbor if he fired a gun and a bullet goes through my wall and almost kills me?

A neighbor two units down from me discharged a firearm inside the unit and the bullet went through both of our units and ended up in mine. If either of us had been using the bathroom we may have been ...
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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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If a hacker is infected as a result of their actions, is the victim liable?

If a hacker gained unauthorized access to a computer network, downloaded a virus that was on a computer and infected their own system, would the victim of the hacker be liable for damages? Does it ...
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Negligence in Cloud Storage

I pay Microsoft $100 per year for 6 TB of cloud storage for a lot of personal videos. Assume that there is a fire and Microsoft loses all of my data. It is not clear whether Microsoft stores my data ...
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Forging a signature on a legal document, NY

What is the penalty for forging the signature of a Psychiatrist on a NYS Article 14 9.55 form, enabling an outpatient mental health care provider to summon police assistance in transferring a patient ...
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Can an improperly drafted contract be invalidated?

Suppose that I hire a lawyer to draft a formal contract with another party. (I, the lawyer, and the other party all reside within the U.S.) The terms that I would like in the contract are well ...
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4 votes
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Can Rand Paul be sued for negligent transmission of COVID-19?

Note: I am not wanting to make this political. Please do not attempt to address political aspects of this situation or rail one way or the other. My question would be exactly the same if the facts ...
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Bank negligence, checkings account compromised by id thief and bank on purpose holds me responsible to further my debt with interest

I been a victim of id theft. On the same day that there were two fake checks deposited that were bounced, money was withdrawn physically within a branch of the bank, that day and another time four ...
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How far does professed ignorance of a critical fact go to prove professional negligence?

Plaintiff is suing a surgeon for complications that arose from the application of anesthesia. Assume that this has already been established as the cause of the injury. The following exchange takes ...
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Is a pedestrian crossing on red light responsible if a driver steers away from them, killing someone else?

Suppose that a car is going fast towards an intersection right when a pedestrian decides to cross it on a red light. The driver, out of reflex, steers away from the pedestrian to avoid hitting him. ...
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What's the difference between gross negligence and criminal negligence?

What's the difference between gross negligence and criminal negligence? A simple example that would show the difference would be appreciated.
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Keeping a Weakness Secret

If a company invents a padlock with some obscure weakness that most criminals would not guess, is there anything the company can do (before or after selling it to the public, or within some "user ...
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If suing for property damage can I claim for my time spent to replace those items?

I am claiming compensation for property damage due to negligence. I will simply using the money to replace the damaged items. Can I also claim for my reasonable time in replacing the items? For ...
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2 votes
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Manslaughter or Negligence -does not inform all risks in surgery which results in death of a patient

Is manslaughter a potential legal consequence of treating a patient without obtaining a valid consent? i.e. A surgeon does not inform all the risks involved in the surgery to a patient, causing a ...
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In the U.S are judges, attorneys, physicians, teachers, professors, politicians, administrative officers liable for ordinary negligence? [closed]

E.g can a judge be tried for mistrial because of ordinary negligence? They are not employees or workers so that they could be reasonably absolved for ordinary negligence. We expect employees to be ...
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3 answers
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What is strict liability (US)?

What is strict liability in US law? Is it really possible for a person to be held liable who did not intend to do harm or violate a law, and who was not negligent? (This question is in response to ...
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Could non-smokers successfully sue smokers?

I regularly see civil cases where, when one person is harmed, either directly or indirectly by another (for example, builders putting asbestos in a house, lead in pipes, etc), they are able to bring a ...
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Driver's liability for friend passenger's losses in an accident

Alice and Bob are friends. One day they decide to go on a road trip in Bob's car. It has started freezing and the road may be icy. Bob drives below the speed limit and applies some extra care that he ...
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Excuse in Negligence Per Se: why bother with excuses?

When it comes to deciding what kind of weight excuse should have in negligence-per-se cases there is a 3 way split of authority. AUTHORITY 1: Duty and breach are conclusively presumed or established ...
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Negligence: Common Law Duty of Care

What does common law duty of care refer to? My gut tells me it is just another way of referring to the reasonable/prudent person test but I am not sure.
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Can daring someone to a dangerous act be considered manslaughter?

Last year there was a teen sentenced for manslaughter in Massachusetts for texting, calling, and encouraging her then boyfriend to commit suicide over several months; at one point telling him to ...
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Confused on superseding causes and foreseeability

Let's say I went for a swim and got all wet. Then, I decided to buy something in a vending machine and I got electrified (due to a wiring issue) and it affected my health negatively. Could I sue the ...
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Removing negligent care clause from service agreement

I'm already in an agreement with a dog walker/dog boarding service that takes care of walking my dogs and board them when I'm away and can't take them with me. Recently I've been notified that the ...
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Is there a difference in a lawyer's liability for "passive" versus "active"negligence?

For instance, "passive" negligence might be, "I didn't do A (required by the law or the code of legal ethics) because I genuinely didn't know that A needed to be done" (even though I should have). "...
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What monetary award can be received when a bureau is negligent to punishing their officers?

Overview: My partner has been going through a very drawn-out battle against the Portland police, mainly in regards to a single police officer. This officer had used various police resources and ...
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Real estate agent tort

Suppose I sign a lease for an apartment and also pay the agent who showed me the apartment the fee they require. I ask the agent if I can move in a day early and she gives me the phone number of the ...
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Business and Customer Responsibilities for Terms of Contract

I hired a mowing company to mow my lawn. In the "NOTES" section of the contract, I specified I wanted mowing to occur every other week rather than weekly. In addition, I stated the same in my e-mail ...
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2 votes
1 answer
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Could Thompson v Spedding [1973] apply in this situation?

Situation: Car A is tailgating Car B. Additionally Car A driver is operating a mobile phone while driving. Car B driver is driving carefully and well within the speed limit. Suddenly a person C ...
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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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Is the owner of a property liable for injuries sustained by an intruder? (UK)

I have heard that the owner of a property may be liable for injuries sustained by an intruder. I am referring to cases in which injuries were not inflicted willfully by the owner (e.g. in self-defence)...
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If my mom refuses to take in my brother, is that abandonment?

My 15 year old brother is currently living with me in California. I am planning on taking him to stay with my mother in the next several days (also in CA). She does not own a home; she stays with a ...
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Why would I be subject to liability for negligently poking a person's eye out?

According to Restatement of Torts, Second (I've only scratched the surface), to be liable for battery, the actor must have an intent, though the intent might not have been to bring about the specific ...
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Is there liability for pure accidents?

I am trying to determine the principled limits, if any, on when a person may be held financially liable for damage to another ("the victim"). I'm specifically interested in the case when damage is not ...
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Kid left in hot car: What main legal factors affect if charges are brought?

If a kid gets left in a hot car (e.g. because the caretaker forgets), the kid can die. Serious criminal charges are sometimes brought against the caretaker (or caretakers, plural)... even if the car ...
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Why Can’t I prove Negligence & claim damages in delayed Admission Decision?

A gov admitting agency had the mandate to green-light my application but they halted it pending transcript verification from my previous university. I was later admitted but BECAUSE i wasn’t admitted ...
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In Canada, is there an individual cause of action against a perjurer or police?

Consider the situation where a person commits perjury by falsely asserting a material fact in court that goes against your case.1 In Canada, could you sue the perjurer? Suppose you lost your job, ...
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Are emergency alarms/notification systems required at places of employment?

Suppose I own a business and have lots of employees who come to a location I own, work eight hours, and then leave and go home at the end of the day. An employee points out to me that he is concerned ...
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