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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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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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 ...
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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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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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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 ...
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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 ...
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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 ...
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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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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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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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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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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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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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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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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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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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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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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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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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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 ...
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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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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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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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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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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 ...
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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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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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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 ...
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 ...
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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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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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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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