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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72 views

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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Negligence by free, informal mail forwarder

Bob from country X (common law) sells online a rather valuable item. He will not ship outside country X. Alice from country Y (civil law) desperately wants the item. Rob from country X, who shares a ...
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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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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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43 views

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 On the same day that there were two fake checks deposited that were bounced, money was withdrawn physically within a branch of the bank, that day and another time four ...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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207 views

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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194 views

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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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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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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411 views

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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106 views

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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325 views

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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135 views

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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239 views

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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245 views

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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57 views

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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160 views

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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863 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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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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177 views

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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133 views

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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259 views

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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87 views

Am I Allowed to Refuse a Rescue? What Issues Would That Cause?

Suppose my one-person boat sinks and I escape in my life raft. Later, party X comes along and offers to rescue me. Suppose, for whatever reason, I don't want to go with X. Question: Am I obliged to ...
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tort law - loss of employment after psychiatric injury

X suffered psychiatric injury by the negligence of Y. X remains sick a year after wards and jobless as well. Is Y liable for psychiatric injury only (assuming he is negligent) or is he liable for X'...
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Tort - standard of care

My question is to do with the case Nettleship v Weston - I am having trouble agreeing with Denning's judgement in that a learner driver is required to drive the standard of a reasonably competent ...
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H&R Block gave me someone else's personal info by mistake. What do I do?

I needed to amend my 2013 tax return so I went to H&R Block, my first mistake. A few weeks later I went back to the H&R block office to pick up my amended return and other supporting documents....
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Can you sue yourself for wrongful-death without admitting manslaughter?

Prompted by a comment in another question, the story of a woman suing herself came to my attention. http://www.foxnews.com/us/2015/02/19/utah-appeals-court-allows-woman-to-sue-herself-over-fatal-car-...
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In the state of Maryland, are there codes governing apartment building garage doors

I haven't been able to find anything on this particular issue. Are there safety regulations governing the type, maintenance, operation, etc. of garage doors in the state of Maryland for condos/...
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752 views

Can I sue Apple/Dell/HTC for batteries that fail when ThinkPads live on?

It is a known fact that Li-Ion batteries will die and become useless much faster when kept fully charged 100% and always topped up 100% as compared to when they're only charged to, say, about 50% or ...
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Joke Website / Funny Website repercussions

I have made a funny site not really trying to be serious, which may involve hitting your head on a wall. I state this is a joke, and not meant to be taken seriously. But I'm just trying to cover my ...
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Precedent of doctor being sued after giving his private phone number

I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.
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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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157 views

Business sending personal info to a random email address

Is there a recourse against a business sending personal information of a customer to a wrong email address? For example, if I provide a correct email address to the business through an online form, ...
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Lawyer made a key decision without consulting me. Is this normal?

While this case is happening to a relative of mine rather than myself, I will speak in first person for the sake of simplicity. I had a medical procedure performed by a licensed doctor (Dr. A). This ...