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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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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12 votes
2 answers
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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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10 votes
2 answers
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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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6 votes
1 answer
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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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5 votes
4 answers
6k views

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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5 votes
1 answer
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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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5 votes
2 answers
1k views

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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4 votes
1 answer
564 views

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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4 votes
2 answers
226 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 ...
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4 votes
1 answer
182 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.
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4 votes
2 answers
383 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 ...
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3 votes
2 answers
410 views

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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3 votes
2 answers
303 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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3 votes
1 answer
219 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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3 votes
1 answer
448 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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3 votes
1 answer
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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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2 votes
1 answer
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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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2 votes
3 answers
256 views

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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2 votes
1 answer
105 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 ...
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2 votes
2 answers
109 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 ...
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2 votes
1 answer
102 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 ...
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2 votes
1 answer
769 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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2 votes
1 answer
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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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2 votes
2 answers
188 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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2 votes
1 answer
185 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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2 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 ...
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2 votes
3 answers
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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
2 answers
45 views

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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2 votes
1 answer
30 views

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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1 vote
2 answers
368 views

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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1 vote
2 answers
445 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 ...
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1 vote
3 answers
502 views

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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1 vote
2 answers
627 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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1 vote
3 answers
213 views

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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1 vote
2 answers
113 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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1 vote
1 answer
275 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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1 vote
2 answers
325 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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1 vote
1 answer
147 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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1 vote
1 answer
106 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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1 vote
2 answers
796 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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1 vote
1 answer
88 views

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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1 vote
1 answer
168 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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1 vote
0 answers
168 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 ...
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0 votes
2 answers
139 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 ...
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0 votes
3 answers
104 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 ...
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0 votes
1 answer
87 views

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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0 votes
2 answers
73 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 ...
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0 votes
1 answer
64 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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0 votes
1 answer
130 views

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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0 votes
1 answer
441 views

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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