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On the one hand, there are statutes that prohibit the delivery of instructions which distort or circumvent the official/intended use or safety of a device. For a somewhat related example of this, see MCL 750.540c(1)(3). On the other hand, the company/manufacturer is unlikely to prevail under contract law no matter how clearly and conspicuously its EULA ...


5

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 you were around asbestos doesn't mean you get lung cancer, so if you don't actually suffer any harm (or any harm yet), you won't get awarded damages. Similarly ...


5

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 have absolute immunity from civil liability (but not from criminal liability) for legislative and judicial acts in their official capacity. Attorneys have ...


4

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 time and at what rate? Your duty will be to mitigate the damages and so to minimise the time and its cost. Will your normal hourly rate be applicable? Only if ...


4

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 needed to find malpractice, as I understand the matter. Law.com says that: Voluntary manslaughter includes killing in heat of passion or while committing a ...


3

Criminal negligence pertains to criminal acts, which are prosecuted by the government and where a defendant can be convicted and punished. There will be a statute explaining where "criminal negligence" is relevant and when it is applicable. Here is the section in Washington law about criminal negligence: A person is criminally negligent or acts with ...


2

You don't mention whose laws will apply or which courts will decide, so it is impossible to answer the question definitively. But, very few courts anywhere would allow you to recover compensation for the time spent replacing the item in addition to its cost. This is usually not a compensable item of damages. One notable exception to this rule would be in a ...


1

In all these of judges etc cases they receive more than enough indenization for assuming responsibility. By freeing them from ordinary negligence we are making them negligent. Other than political economics why would the legislator free them from such responsibility? Judges are precisely the ones rendering this question within scope of Law SE -...


1

A conviction for a criminal offense typically requires proof that the defendant engaged in some activity and that he did so with a certain mental state (known as the mens rea or scienter). The mens rea could be set very high, as with first-degree murder, which usually involves acting purposefully and with premeditation. It could be set very low, as with ...


1

The WEX legal dictionary says: In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses. It goes on to say: In criminal ...


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