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24 votes

Why doesn't law take into account probability?

[L]et's say you almost get run over by a car[; t]here was a very real probability that you may have been runover […], but you didn't. Why isn't there some civil repercussions for that? Construing the ...
kisspuska's user avatar
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22 votes
Accepted

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

I will assume that whatever Alice did to startle Bob was a breach of a duty that she owed to Bob, in order to get to what I see as the more interesting aspect of the question: whether Bob's ...
Jen's user avatar
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19 votes

Why doesn't law take into account probability?

I think the lay person answer to this is very different from the legal-specific answer. Civil law, a lawsuit for damages, primarily exists to make a damaged party whole. Thus, the actual damage you ...
Joe's user avatar
  • 1,137
18 votes
Accepted

Have people been charged for obstructing evacuation?

In germany, you are likely charged if you actively interfere. Let's preface this with the fact, that in Germany, people have a duty to aid in case of accidents, as long as you don't endanger yourself. ...
Trish's user avatar
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18 votes
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May putting others at peril worsen the sentence?

usukaustralia Yes, this can be charged as a type of negligent homicide, involuntary manslaughter. The degree of culpability might be greater than negligence, since the initial act was a premeditated ...
Therac's user avatar
  • 2,948
13 votes

Why doesn't law take into account probability?

canada Probabilities are very much taken into account in law. I'll give just three examples. Hypothetical future damages (from an otherwise proven wrong) Athey v. Leonati, [1996] 3 S.C.R. 458 (...
Jen's user avatar
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11 votes

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

I actually remember seeing a similar court case on TV. I'm pretty sure it was Judge Judy, as she went off on the friend, berating about being childish, irresponsible, and was lucky his friend didn't ...
Keltari's user avatar
  • 1,200
10 votes

Have people been charged for obstructing evacuation?

It’s unlikely that there is any criminality here australia Failing to comply with the lawful order of police or emergency services allows the use of force to ensure compliance but is not itself an ...
Dale M's user avatar
  • 213k
8 votes

Does a duty of care arise from advertised functionality?

Jurisdiction: england-and-wales. You don't necessarily need to turn to tort law to find a duty of care. For example, assuming the customer is a consumer (i.e. not operating as part of their business) ...
JBentley's user avatar
  • 8,320
8 votes

Why doesn't law take into account probability?

united-states Other Examples Of The Law Considering Probability In a negligence case, the Learned Hand conduct for what constitutes reasonable care is to compare the cost of taking a precaution to the ...
ohwilleke's user avatar
  • 221k
7 votes

Can I sue my neighbor if he fired a gun and a bullet goes through my wall and almost kills me?

Yes. You can file a police report. You can also sue for cost of repairing any damaged property.
bdb484's user avatar
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7 votes
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Can I sue Midas for 2 instances of negligence/fraud upsell?

Let me simplify the question for you, because there is TMI in your question. Can I sue the repair shop for fraud, because they told me that the framistan need replacing to fix the noise, and they did ...
user6726's user avatar
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6 votes

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

Possibly The relevant law is negligence. Most jurisdictions say that there are four elements to a negligence action: duty: the defendant has a duty to others, including the plaintiff, to exercise ...
Dale M's user avatar
  • 213k
6 votes

May putting others at peril worsen the sentence?

france Yes, because it changes the charge Bob's conduct falls under article 221-6 du Code Pénal: Le fait de causer, dans les conditions et selon les distinctions prévues à l'article 121-3, par ...
KFK's user avatar
  • 1,479
5 votes

Is there liability for pure accidents?

To win a negligence claim, the plaintiff needs to 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 ...
Dale M's user avatar
  • 213k
5 votes

Kid left in hot car: What main legal factors affect if charges are brought?

When it is a mistake of memory, and not intentional (as this question is asking), there are no clear standards, and it is largely up to prosecutorial discretion. This means that whatever factors ...
WBT's user avatar
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5 votes
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Could non-smokers successfully sue smokers?

One of the biggest problems here is in proof of injury attributable to an individual... With asbestos, you can prove that direct exposure in a certain instance caused a long-term harm. Just because ...
Ron Beyer's user avatar
  • 9,215
5 votes

In the U.S are judges, attorneys, physicians, teachers, professors, politicians, administrative officers liable for ordinary negligence?

In the U.S are judges, attorneys, physicians, teachers, professors, politicians, administrative officers liable for ordinary negligence? In the U.S., judges, prosecuting attorneys and legislators ...
ohwilleke's user avatar
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5 votes
Accepted

If a hacker is infected as a result of their actions, is the victim liable?

In common law jurisdictions like the United States, this would probably be controlled under normal tort principles, which would mean that the answer turns on the hacking victim's state of mind. If the ...
bdb484's user avatar
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5 votes
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How negligent does a prison have to be before becoming liable for harm to a prisoner?

I guess it depends on what courts decide is the "standard of care" in prisons against transmissible diseases. This has been litigated in various way recently, not just following deaths: ...
got trolled too much this week's user avatar
5 votes
Accepted

Traffic accident due to LIDAR jamming

We won't be sure until we get there. Part of the problem of predicting how it will play out is that we don't know enough about how the two technologies interact with each other to know how material ...
ohwilleke's user avatar
  • 221k
4 votes

If suing for property damage can I claim for my time spent to replace those items?

You certainly can claim whatever you want. Will you be granted it though? Time is money indeed, and replacing the damaged items requires some time not just items themselves. The question is how much ...
Greendrake's user avatar
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4 votes

Manslaughter or Negligence -does not inform all risks in surgery which results in death of a patient

I don't think that simply failing to make a sufficient explanation of the risks would make a death manslaughter. Three would have to have been serious negligence in addition, rather beyond the level ...
David Siegel's user avatar
4 votes

Can an improperly drafted contract be invalidated?

Do I have any recourse for invalidating all or part of the contract? No. There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the ...
Dale M's user avatar
  • 213k
4 votes

Trump knowingly let thousands of people die from Corona; was that criminal? If yes, could he be charged (now or after his Presidency)?

The closest the Supreme Court has gotten to criminal liability for official acts seems to be Nixon v. Fitzgerald, 457 U.S. 731 (1982). There it addressed civil liability and held that the U.S. ...
Pat W.'s user avatar
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