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67 votes

Is it legal for a bank to trap you in an ATM vestibule?

A power failure is an obvious example of force majeure. Nobody would talk of kidnapping, as you tagged your question, if a power failure trapped a lift between floors. The real issue would be one of ...
o.m.'s user avatar
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45 votes

Is it legal for a bank to trap you in an ATM vestibule?

Many US jurisdictions have adopted the NFPA 101 Life Safety Code (which falls into the general category of building codes). The 2024 edition states 4.5.3.2 Unobstructed Egress. In every occupied ...
Gerard Ashton's user avatar
28 votes
Accepted

A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?

In General The insurer is never primarily liable for anything. Someone who may or may not have insurance is responsible. A person harmed can't sue somebody else's insurance company (except in the rare ...
ohwilleke's user avatar
  • 218k
17 votes

Is it legal for a bank to trap you in an ATM vestibule?

canada Is it legal for a bank to trap you in an ATM vestibule? If this was done intentionally, and outside of a citizen's arrest (s. 494, Criminal Code), this would make out the tort of false ...
Jen's user avatar
  • 57k
16 votes
Accepted

Civil liability for criminal punishment

In england-and-wales, Mark's claim is likely to fail. There are several overlapping principles, which are different rules of law but which all point to the same outcome: "It is a rule of law and ...
alexg's user avatar
  • 6,715
10 votes

Civil liability for criminal punishment

In the hypothetical jurisdiction a duty of care arose in the circumstances and Eve breached the duty, causing damages to Mark, which gives Mark a cause of action against Eve. Although in the ...
Lag's user avatar
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7 votes

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Can damages be assessed for wrongful subjection of a plaintiff to unnecessary risk through a tortfeasor’s negligence? No. There is no tort based in negligence for which damages are awarded without ...
Jen's user avatar
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6 votes
Accepted

What are the most prominent differences among the common law systems of the different states in the U.S.A.?

I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states. ...
ohwilleke's user avatar
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6 votes

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

It is hard to be specific because the question doesn't clarify what kind of conduct might or might not be subject to judicial immunity and the law, especially the law of exceptions of general rules, ...
ohwilleke's user avatar
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4 votes
Accepted

Is one witness all that's needed to prove a civil case?

There is no rule the prevents someone from proving a case with one witness and many cases are proven that way (especially in simple debt collection cases and in factually simple criminal cases). Of ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

Judges violate the law every day. Permitting a lawsuit over every error would cripple the courts.* But ignoring every violation would render the law meaningless. So the courts have established a ...
bdb484's user avatar
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4 votes
Accepted

What are the consequences for a family fight in the US?

Most often, as a practical matter, this incident would not be brought to the attention of law enforcement or the courts, and hurt feelings and a bruise or two would be the only consequences. In the ...
ohwilleke's user avatar
  • 218k
4 votes

A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?

The details in the US are state-specific but the basic outline is the same throughout the country. Liability arises when a person acts negligently or willfully and causes damage. It takes special ...
user6726's user avatar
  • 215k
3 votes
Accepted

How does direct action result in a civil claims?

Greenpeace has been sued many, many times While you may not have heard of it before, suits against (and by) Greenpeace and other environmental (and other protest) organisations are a relatively common ...
Dale M's user avatar
  • 211k
3 votes

How does direct action result in a civil claims?

A wronged party has discretion to sue or not sue. Many considerations go into deciding whether to sue, including: likelihood of success likely amount recovered ability of defendant to pay the time, ...
Jen's user avatar
  • 57k
3 votes

Do you owe any duty of care to law enforcement carrying out a search?

There is no general answer, with reference to the fireman's rule. See Minnich v. Med-waste for a review of the various different answers given by courts, and numerous citations. In some states, there ...
user6726's user avatar
  • 215k
3 votes

What is an employee's liability for defective work?

To sue the employee the customer would have to show that the employee was personally involved in negligently causing the work to be defective, on a negligence theory, and the information necessary to ...
ohwilleke's user avatar
  • 218k
2 votes

Can I be sued for defamation where the subject of the defamation became provable after the alleged defamation?

canada I will ignore whether the particular statement in your hypothetical could be defamation (as opposed to opinion), and move on to your substantive question about how to establish the defence of ...
Jen's user avatar
  • 57k
2 votes

When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?

The section exempts the plaintiff from having to prove or even plead special damages when they instead plead and prove that the words were intended to cause pecuniary (even if not yet realized) ...
Jen's user avatar
  • 57k
2 votes

Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)?

“The harm is inherent in the wrong” This nice phrase was used by the Australian Law Reform Council in their report on a proposed new tort of Serious Invasions of Privacy in the Digital Era. They go on ...
Dale M's user avatar
  • 211k
1 vote
Accepted

Implications of subversive harassment

united-states Most U.S. states recognize the torts of intentional infliction of emotional distress, sometimes called "outrageous conduct" instead, and the tort of intentional interference ...
ohwilleke's user avatar
  • 218k
1 vote

Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed?

Client B's confession is a privileged communication. In the absence of special circumstances, Lawyer B is legally and ethically obligated to never share it with Lawyer A.
bdb484's user avatar
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