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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Are there major advantages to choosing personal injury lawyer from the car accident city?

If a car accident occurs in city X is there major reason to choose a personal injury lawyer from X? Or is it sufficient to be from the same state?
Maesumi's user avatar
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How are intangible losses assessed for damages?

Bob has an issue with his phone provider, resulting in the permanent and irreversible loss of his long time phone number which he has maintained for many years. He is greatly troubled and ...
TylerDurden's user avatar
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2 answers
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Is there an overlap between breach of contract and negligence?

It seems that negligence requires among other elements the presence of a duty of care, while breach of contract is a different type/cause of action, and yet it would also seem by common sense to ...
TylerDurden's user avatar
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I gave someone a key to my place while I'm gone. If they steal from me, am I covered under renter's insurance?

Would I need to prove/argue that it was reasonable to trust that person?
dripset_pushbert's user avatar
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1 answer
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Easily pickable locks - false advertising to negligence? [closed]

How do lock manufacturers (padlocks, deadbolts, etc) get away with advertising that their locks are high security or even unpickable, when those locks can be picked open in seconds? Isnt this false ...
Keltari's user avatar
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Was this a case of negligent homicide, and have any other offences been committed here?

Disclaimer: I do not aim to take a position on the ethics of this situation with this question. This question, and all details of the hypothetical case at hand, merely arose from a discussion I ...
BakedAlaska624's user avatar
11 votes
2 answers
2k views

May putting others at peril worsen the sentence?

Bob the Burglar specializes in fencing of stolen safety equipment (fire extinguishers, AEDs, etc.). One night, he breaks into a factory and steals the fire extinguishers and a fire hose. The theft is ...
PMF's user avatar
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2 votes
1 answer
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Vehicle owners not required to prove towing company negligence in Texas

Chapter 2308 of Title 14 of the Texas Occupations Code deals with towing and booting by towing companies. Section 2308.404(a)(2) reads "A towing company, booting company, or parking facility ...
guero64's user avatar
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11 votes
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Have people been charged for obstructing evacuation?

When evacuating a vehicle or a building in distress, the evacuees are normally supposed to leave their belongings behind. This doesn't always happen. Technically, if actual harm comes to others ...
Therac's user avatar
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1 answer
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How can Patient get a compounded medication tested, to determine if it was negligently compounded?

A physician prescribed his lay Patient a medication that must be compounded. After consuming this medication, Patient suffered atypical serious side effects. After examination, a physician reckons ...
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21 votes
4 answers
5k views

Is there liablility if Alice startles Bob and Bob damages something?

The other day I saw a random clip on YouTube, where Alice sneaks up to Bob, who is vacuuming, and scares Bob. Bob gets startled and swings the vacuum into (Bob's own) expensive television, breaking ...
infinitezero's user avatar
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Who Should Be Guilty For An Accident By An Self-Driving Car [duplicate]

What would happen if I had a Tesla and I had it drive through the parking lot to pick me up, but it hit someone on the way to me. Is it my fault or TESLA's fault? Explain.
Ronchen Luo's user avatar
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Was Fletcher Reede’s Secretary Greta’s tale of the burglar who cut himself on his victim’s knife and then sued for negligence true?

In liar liar Fletcher Reede (Jim Carey)’s Secretary Greta tells a story about a burglar Who enters a home through a sky light and cuts himself on a knife and then sued the homeowner for negligence in ...
TylerDurden's user avatar
21 votes
7 answers
9k views

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 "...
Bastion Banner's user avatar
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How are damages calculated if replacement requires purchase of unnecessary parts?

I own a sports car and was recently rear-ended by someone who has accepted full liability. My insurance is trying to price out the repair cost of my car and assures me I will not be out of pocket ...
Nicholas's user avatar
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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. ...
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1 vote
1 answer
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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. ...
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2 votes
1 answer
707 views

Can I sue Midas for 2 instances of negligence/fraud upsell? [closed]

Have had two nightmare experiences with a local Midas Autoshop (independently operated) in Southern California. A bit of a story, thanks for reading. I have had this noise occurring before and after ...
Lieutenant Dan's user avatar
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2 answers
75 views

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 ...
Greendrake's user avatar
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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 ...
Matthew Herbst's user avatar
2 votes
1 answer
144 views

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 ...
The Editor's user avatar
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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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12 votes
2 answers
1k views

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 ...
Josh Johnson's user avatar
2 votes
2 answers
129 views

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 ...
Jack Edwards's user avatar
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1 answer
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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 ...
N.TW's user avatar
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17 votes
6 answers
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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 ...
Drubbels's user avatar
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6 votes
1 answer
433 views

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 ...
Paul Johnson's user avatar
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-2 votes
1 answer
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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. ...
Adam's user avatar
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1 answer
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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 ...
Jarrod Fabok's user avatar
-2 votes
2 answers
149 views

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 ...
Peter - Reinstate Monica's user avatar
3 votes
2 answers
2k views

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 ...
Iron Gorilla's user avatar
3 votes
0 answers
233 views

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 ...
Prim Reaper's user avatar
5 votes
1 answer
227 views

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 ...
Guest123's user avatar
0 votes
1 answer
172 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 ...
bobuhito's user avatar
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2 votes
1 answer
114 views

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 ...
Kate 's user avatar
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0 votes
2 answers
152 views

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 ...
SapereAude's user avatar
5 votes
2 answers
406 views

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 ...
drop acid not bombs's user avatar
-1 votes
1 answer
58 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 ...
Manuel's user avatar
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0 votes
3 answers
119 views

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 ...
Libra's user avatar
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1 vote
2 answers
1k 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. ...
user29491's user avatar
3 votes
1 answer
317 views

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.
policyanger's user avatar
3 votes
1 answer
230 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 ...
bobuhito's user avatar
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4 votes
2 answers
331 views

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 ...
Mark Micallef's user avatar
2 votes
1 answer
120 views

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 ...
user25531's user avatar
-1 votes
2 answers
186 views

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 ...
George Ntoulos's user avatar
3 votes
3 answers
2k views

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 ...
David Siegel's user avatar
1 vote
2 answers
773 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 ...
SE Does Not Like Dissent's user avatar
1 vote
2 answers
155 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 ...
Greendrake's user avatar
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0 votes
1 answer
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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 ...
S J's user avatar
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1 vote
2 answers
206 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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