74
You can sue anyone for anything. I will answer these on the assumption that the real question is whether there is a legal basis for such a suit.
1) Could someone open a civil action against the city of Las Vegas for
failure to provide security? Or are city/county municipalities immune?
And is the state of Nevada immune?
This would not prevail. There ...
71
There are two parts to copyright liability: civil and criminal. TL;DR: both cases are criminal offences, and it is illegal to break the law even when you are paid to do it.
In the USA criminal copyright infringement requires a deliberate act to infringe copyright for commercial gain. Both of the scenarios meet these requirements.
In the UK (and probably ...
42
There are legitimate apps that let you buy phone numbers. With the right app I can buy let's say a landline number in Kansas. I call you, and you will think it's some guy in Kansas calling you. That's totally legal, it's a genuine phone number, and just like I can buy 10 phones and have ten phone numbers, I can use an app to pretend to have 10 phones. I ...
33
Nothing gives you complete protection. You can (and should) have artfully drawn contracts with disclaimers and indemnification, but if the counterparties decline to comply with the contracts you may find yourself unable to remedy your liability even if you can prevail in litigation. Likewise, you can buy insurance to cover these sorts of risks. Insurers ...
27
I'm in the UK. I have been put in both these scenarios in times past. For the first I stood up to the boss and point-blank refused to do it, giving reasons. The atmosphere was tense for a couple of days, then he apologised and thanked me for taking the moral (and legal) high ground. The second was a little trickier, I still said I would not install hooky ...
26
I imagine that under English and Welsh law, the relevant tort would negligent misstatement, as there is no contract between the parties. From Practical Law:
A claim for negligent misstatement may arise whether or not a contractual relationship exists between the parties. However, if there is a contractual relationship, it is more likely that a claim would ...
25
First off, you cannot booby trap your property, period. It is both illegal and tortious. But, as you noted, there are already questions/answers that deal with this issue.
Sure enough, if the police get a no-knock search warrant, that in and of itself is the Court order allowing entry by any means necessary. When the officers, there by right of law, breach ...
24
How do free-speech protections in the United States apply in public to corporate misrepresentations?
It is legal to be wrong, it is legal to say false things in public (leaving out defamation), and it is legal to buy and manufacture signs that say false things. Moreover, the sign does not make a false statement, in that legal liability is distinct from moral responsibility. In fact, the sign helps to decrease their legal liability. Via this sign, you have ...
16
Yes
The directors of a company have a fiduciary duty to act within the law for the benefit of their shareholders - not to their customers, not to the government, not to the environment and not to the public.
A lawsuit against the company will incur financial loss irrespective of if it is won or lost. It is difficult to see how it is in the shareholder's ...
15
What you are talking about here is the tort of negligent misstatement, a subset of the tort of negligence.
First, there is no presumption in any jurisdiction that I am aware of that anyone is or is not a lawyer (or doctor, or engineer etc.). If people knew that you were, however, then it is reasonable that they would give your statements more weight then if ...
14
Counter question: is it illegal to rob a bank if your boss tells you to do so?
The answers are the same.
14
tl;dr- I don't see how you can "leak" a large organization's IP addresses given that they seem to be very public information. However, misusing an organization's network services or/and somehow being complicit in an attack could probably get someone into touble.
Organization IP address allocations seem to be public information.
I Google'd "Colorado ...
13
Even if the authorities aren't injured, the homeowner may well face criminal charges. Many states make it illegal to set booby traps; for instance, California makes it a felony in section 20110 of the Penal Code. The definition of "boobytrap" in the code is "any concealed or camouflaged device designed to cause great bodily injury when
triggered by an action ...
12
You can never prevent someone suing you
Your contract with your client is about risk allocation - who assumes the risk and who pays for the risk.
In general, the least cost solution for everybody is that the person who can best manage the risk should assume the risk: many contracts ignore this sensible rule and try to shove risk off on a person who has no ...
12
Your thinking that an apology might be understood as admitting fault hasn't gone
unnoticed by lawmakers in some countries. I know you're asking about the USA, but I thought to mention (as I commented) that Ontario actually has an "Apology Act" that essentially says that you can apologize for something and that apology is not to be considered a confession, ...
11
Unjust enrichment is an equitable theory of recovery that provides a fallback, for lack of better words, avenue of recovery for situations where no contract actually exists between two parties, but one party has received a benefit. The classic example is: Jane hires Dan to mow her lawn and tells him where her house is. Dan mistakenly mows Bob's lawn next ...
10
Some jurisdictions provide for statutory warranties on fitness and merchantability of goods. The effect of these exclusion clauses will vary between jurisdictions, so I will briefly examine two different effects of law with respect to supply of goods.
For the United States, certain warranties are implied in the sale of a product, provided for in the Uniform ...
9
Yes. But you might not want to.
The general rule of thumb is: anyone can sue anyone else, at any time for any thing. However, I believe in this case you would need to show actual damages. I don't think emotional distress qualifies as actual damages. That type of thing is usually awarded as an add-on to something like a personal injury case; it's usually ...
8
I would serve the parents (certified mail), with a "cease and desist" letter, telling them that the children are repeatedly trespassing on your property and that you want them to stop; even get the police involved if you have to. I know it sounds harsh, but you said New England; that's where I live and I know the trespass laws are not in your favor ... ...
8
No, but it part of the overall fact pattern that determines liability.
“Sorry” is ambiguous: it can be a request for forgiveness for wrongdoing but it can also be a general expression of regret or an expression of sympathy. I’m going to meet a friend today whose wife has just passed away from cancer - I will almost certainly use the word “sorry” when I see ...
8
You will probably have been presented with a form mentioning "Texas Food Establishment Rules (TFER) Section: §228.35", which requires you to report symptoms and diagnoses which include Salmonella Typhi. That does not guarantee that you actually got such a form or that you remember signing it, but theoretically you did. The regulations are given here and here....
8
How do free-speech protections in the United States apply in public to corporate misrepresentations?
As a general rule in the United States, in the case of an accidents between a leading vehicle and a following vehicle, the leading vehicle is usually not responsible for the accident as the following vehicle is the one with the duty to avoid colliding with the second car. Considering that the most likely speed to encounter a truck with sufficient speed to ...
8
Probably not
In order to establish negligence as a Cause of Action under the tort of negligence, a plaintiff must prove that the defendant:
had a duty to the plaintiff,
breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),
the negligent conduct was the cause of the harm to the ...
7
The law is entirely dependent on the jurisdiction. Assuming that we are dealing with a common-law country like Australia, the UK or the US then liability can arise from three sources: the contract, statutory liability and the tort of negligence.
Contract
Well, no valuable consideration was made for the advice so there is no contract.
Statute
There may be ...
7
I am not a lawyer; I am not your lawyer.
You do not cite a jurisdiction so this makes it very difficult to get a definitive answer. What follows is for Australia but the general principles are common law and would be applicable to other common law jurisdictions except where statues apply or case law has diverged.
In the first instance, it seems that you ...
7
Unequivocally yes; the home owner would potentially be liable for damages and possibly with the crimes of grievous bodily harm and/or manslaughter.
Specifics will vary by state jurisdiction but the general common law remedy would be the tort of negligence. One of the recognised duties of care is of a occupier to entrants. Entrants include those with express ...
7
This is likely to depend on whether Person B is aware of what Person A is doing, regardless of any imputations Person A makes as to the nature of their business.
If Person B is aware, or it is found that Person B ought to have been aware, that Person A is doing something illegal, then they may be held contributorily liable for damages suffered.
For ...
7
...the police decide to press on with their search and an officer is injured or killed, can I be held criminally or civilly liable for that casualty?
I didn't read through all of your links so I'll just say - generally speaking you cannot use deadly force to protect unoccupied property, the law finds it neither justified nor reasonable.
Katko v. Briney, ...
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