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Topic: Liability

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In the News (Tue 16 Jul 19)

  ISP Liability (BitLaw)
In addition, under the concept of "vicariously liability," a person may be liable for the infringing actions of another if the person has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement.
However, the Court found that Netcom may be liable to the Church under the theory of contributory infringement by materially contributing to the infringement of the user.
Although the case was settled by the parties and Prodigy moved for a withdrawal of the judge's decision, the judge refused.
www.bitlaw.com /internet/isp.html   (1956 words)

 ATRA :: Joint and Several Liability Rule Reform
The common law rule of joint and several liability, sometimes called the "deep pocket" rule, makes each and every defendant in a tort lawsuit liable for the entire amount of the plaintiff's damages regardless of the defendants' relative degrees of fault or responsibility.
The application of the doctrine of joint and several liability poses a particularly serious problem for professionals whose clients have become bankrupt or are otherwise "judgment proof." For example, many lawsuits that involve professionals are brought by shareholders or creditors of a bankrupt client.
Limited joint and several (except in products liability actions and actions involving a blame-free plaintiff) holds defendants severally liable except when uncollectible shares of a judgment are reallocated between solvent co-defendants according to their degree of negligence, joint and several liability is abolished for municipalities.
www.atra.org /show/7345   (1426 words)

 Products liability - Wex
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.
In it, the most important products liability sections are the implied and express warranties of merchantibility in the sales of goods §§ 2-314 and 2-315.
www.law.cornell.edu /topics/products_liability.html   (542 words)

  Visa USA | Personal | Zero Liability
Visa’s Zero Liability policy took effect April 4, 2000, and is a great improvement on the previous policy.
For transactions on other networks, the liability decision is left to the financial institution that issued your card.
Financial institutions may impose greater liability on the cardholder if the financial institution reasonably determines that the unauthorized transaction was caused by the gross negligence or fraudulent action of the cardholder—which may include your delay for an unreasonable time in reporting unauthorized transactions.
usa.visa.com /personal/security/visa_security_program/zero_liability.html   (668 words)

  Liability for Visitors to Farm Property, ALS-1002-00
Liability of the possessor may be limited by the Workers' Compensation Law, depending upon the location and cause of the employee's injuries.
The issue of liability depends upon the type of animal causing the injury, the foreseeability of the injury, and the activity that resulted in the harm.
The assumption of risk defense prevents liability for the possessor where a visitor is aware of or should be aware of the risk, voluntarily encounters the risk, and is injured as a result of undertaking the risk.
ohioline.osu.edu /als-fact/1002.html   (4079 words)

  Liability - Wikipedia, the free encyclopedia
In the most general sense, a liability is anything that is a hindrance, or puts one at a disadvantage.
In law a legal liability is a term used to describe situations in which a person is liable, for, say, damage to property or reputation and is therefore responsible to pay compensation for any damage incurred; liability may be civil or criminal.
In commercial law, limited liability is a form of business ownership in which business owners are legally responsible for no more than the amount that they have contributed to a venture.
en.wikipedia.org /wiki/Liability   (502 words)

 Product liability - Wikipedia, the free encyclopedia
A basic negligence claim consists of proof of (1) a duty owed on the part of the manufacturer, (2) a breach of that duty, (3) that the breach caused the plaintiff's injury, and (4) an injury.
Critics argue that strict liability for defective products is an extremely harsh doctrine that imposes high liability costs upon anyone in the chain of commerce whom it attaches to, resulting in overdeterrence and stifling of product innovation.
Breach of warranty based product liability claims usually focus on one of three types: (1) breach of an express warranty, (2) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness for a particular purpose.
en.wikipedia.org /wiki/Product_liability   (1026 words)

 0.12.4: Liability - Encyclopedia - Library - VC Experts
The threat of liability bites, of course, most sharply in an initial public offering, when all the information about the issuer is being presented for the first time.
Choking off liability if the stock price plunges after the effective date requires counsel and the underwriters to execute a defensive game plan, designed to convince a judge and jury that they had vetted the required disclosures with the requisite care.
Misstatements or omissions in publicly distributed prospectuses are, in the opinion of most practitioners, an occasion for strict liability, regardless of whether the purchase of the securities in fact was misled by the statement or omission.
vcexperts.com /vce/library/encyclopedia/documents_view.asp?document_id=106   (929 words)

 IMBA Resources: Liability and Lawsuits: Landowner Liability
Generally, the liability protection of a recreational use statute is lost if the landowner charges for the use of the land or if the landowner is guilty of malicious conduct.
Basically, the doctrine of Attractive Nuisance makes a landowner liable for injuries caused by a condition on his or her land if the landowner knew that a child was likely to enter the land because of that condition.
This basically means that a landowner will be liable for a dangerous condition on the land only if he or she knew of the condition and purposely chose not to warn others or safeguard others from that condition.
www.imba.com /resources/trail_issues/land_liability.html   (4684 words)

 Liability Insurance Overview
Liability insurance protects your assets in the event that you (or a member of your household) accidentally injure another person or damage someone's property.
Liability insurance will pay for a legal defense in the event of a lawsuit, and pay medical and/or property claims for which you are found legally liable, up to the limits of the policy.
Personal liability insurance can be purchased as part of a package policy (such as homeowners, renters, or auto insurance), or as a separate policy (such as a personal umbrella liability policy).
www.agencyinfo.net /iv/liability/liability-insurance.htm   (187 words)

 Liability, by W. Kip Viscusi: The Concise Encyclopedia of Economics: Library of Economics and Liberty
The substantial increase in liability is reflected in the extent of litigation.
Moreover, in the asbestos cases liability was imposed retroactively on firms that could not have anticipated the extent of the risks or the likely litigation costs.
A third explanation is that the crisis was caused by changes in liability—the rise in liability costs, the increased uncertainty of the liability system, and the presence of highly correlated risks that decrease the ability of insurers to pool offsetting risks in their portfolio.
www.econlib.org /library/Enc/Liability.html   (1652 words)

 DOG BITE LAW - Liability of Dog Owners
A minority of states hold the dog owner liable if he or she should have known that the dog was capable of inflicting damages.
The owner cannot avoid liability by attempting to show that he or she obeyed all laws, acted reasonably, and did not know the dog was capable of biting.
Now, you might wonder whether you are liable if (a) you are not the owner of the dog, but the dog lives at your house, (b) the dog injures another animal, not a person, or (c) the dog injures a person by jumping on him, not biting him.
www.dogbitelaw.com /PAGES/liability.html   (696 words)

 Health Care and the 2004 Elections: Medical Liability Reform - Kaiser Family Foundation
Sharp increases in medical liability insurance premiums in recent years, and the withdrawal of some insurers from this market have focused the attention of health care providers, patients, and policymakers on reform of the medical liability system.
For example, it found that the largest professional liability insurer in Florida raised annual premiums for general surgeons in Dade County by 75 percent between 1999 and 2002 (to $174,300), while the largest such insurer in Minnesota hiked premiums for the same specialty during the same period by 2 percent (to $10,140).
A number of factors may increase liability insurers’ spending, including growth in the size of pay-outs to patients, an increase in the number of lawsuits, the rising cost of health care for injured parties, and increased premiums for reinsurance (insurance that they purchase from other companies to protect themselves against extremely costly cases).
www.kff.org /insurance/7166.cfm   (1984 words)

 California Business Portal - Limited Liability Companies - Frequently Asked Questions
The members of a limited liability company are afforded limited liability similar to shareholders of a corporation and have pass-through taxes comparable to a partnership.
A limited liability partnership must have two or more partners whose type of business is to engage in the practice of public accountancy, the practice of law or the practice of architecture.
Note, a limited liability company cannot act as its own agent and no domestic or foreign corporation may file pursuant to section 1505 unless the corporation is currently authorized to engage in business in California and is in good standing on the records of the Secretary of State.
www.ss.ca.gov /business/llc/llc_faq.htm   (790 words)

 Learn more about Liability in the online encyclopedia.   (Site not responding. Last check: 2007-11-07)
Liable (from liability) is a legal term used to describe situations in which a person is liable, for, say, damage to property and is therefore responsible to pay compensation for any damage incurred, liability may be civil or criminal.
Liable is often used in a business sense, i.e.
limited liability: only having to pay for what you invested if a business goes bankrupt for explanation of this sense see business entity.
www.onlineencyclopedia.org /l/li/liability.html   (161 words)

 Liability - Encyclopedia.WorldSearch   (Site not responding. Last check: 2007-11-07)
In the most general sense, a liability is anything that is a hinderance, or puts one at a disadvantage.
In law a legal liability is a term used to describe situations in which a person is liable, for, say, damage to property and is therefore responsible to pay compensation for any damage incurred; liability may be civil or criminal.
Alternatively if, when you take the money to the bank, you store it in a safety deposit box rather than deposit it into an account, the bank has a legal liability (under bailment law) to ensure that your asset is not damaged while it is under their care.
encyclopedia.worldsearch.com /liability.htm   (449 words)

 Motor Vehicle Division - MLI FAQs
The insurance must provide a minimum of $20,000 for injury liability for one person in an accident, $40,000 for all injuries in an accident, and $10,000 for property damage in an accident.
The insurance cards are issued by companies qualified to issue motor vehicle liability insurance in Alabama, and contain the vehicle year model, vehicle make, vehicle identification number, name of the insured, the name of the insurance company, the policy number, and the effective and expiration dates of the policy.
In lieu of liability insurance the vehicle may be covered by a motor vehicle liability bond or deposit of cash.
www.ador.state.al.us /motorvehicle/MLI_FAQ.html   (587 words)

 Wisconsin Small Employer - Liability Insurance Coverage   (Site not responding. Last check: 2007-11-07)
Liability insurance will protect your business assets in the event you or your employees are negligent, cause bodily injury, or property damage to another.
Liability insurance covers the cost of lawsuits stemming from accidents that cause bodily injury (i.e., a customer slips on your steps) or property damage (you sell a defective lubricant that burns out a customer's car engine), and other miscellaneous claims such as libel, slander and false advertising.
Liability will not only pay the cost of the damages, but also the attorney fees and other costs associated with your defense in a lawsuit, whether or not the lawsuit has merit.
oci.wi.gov /sm_emp/pl_liab.htm   (221 words)

 Construction Contractors Board Liability Insurance Crisis
The board declared the liability insurance issue to be its top priority at a recent board meeting, issuing a resolution directing CCB staff to “…prioritize their efforts and dedicate all available resources to finding solutions to this problem.”
Contractor’s liability insurance is a contractual relationship between a construction contractor and an insurance carrier to reimburse a third party (customer) for property damage or personal injury loss caused by the contractor.
Liability insurance is required for construction contractors as a condition of licensure in Oregon.
www.oregon.gov /CCB/liability_insurance_crisis.shtml   (1996 words)

 CITES BY TOPIC: liability
Liabilities include accounts and wages and salaries payable, dividends declared payable, accrued taxes payable, fixed or long-term liabilities such as mortgage bonds, debentures and bank loans.
A liability in the nature of a contingent claim such as the liability of a guarantor as contrasted with that of a strict surety or comaker.
However, this regulation corresponds to IRC section 1, which does not create a specific liability for taxes imposed by subtitle A. Therefore, this regulation is an overly broad extension of the underlying statutory authority; as such, it is unconstitutional, null and void ab initio (from the beginning, in Latin).
famguardian.org /TaxFreedom/CitesByTopic/Liability.htm   (3877 words)

 AEI | Research | Liability Project
As it becomes increasingly divorced from its original purpose of compensating injured claimants, the liability system threatens to be converted into a special-interest mechanism for transferring wealth from businesses and consumers to lawyers.
Courts are holding corporations liable for punitive damages for socially beneficial behavior, to the detriment of consumers and society.
In this first Liability Outlook of 2007, Ted Frank examines a nine-figure verdict against Ford for alleged "defective design" in its SUVs and analyzes the legal problems that led to it.
www.aei.org /research/liability/about/projectID.23/default.asp   (606 words)

 Registered Limited Liability Partnerships
This limitation of liability does not protect the partner who was directly involved in the specific activity in which the errors, omissions, negligence, incompetence or malfeasance were committed or who had notice or knowledge of the acts by the other partner or representative at the time of occurrence.
A foreign limited liability partnership that is transacting business in Texas and that fails to register with the secretary of state may not maintain an action, suit, or proceeding in Texas until it has registered with the secretary of state.
The registered office address of the limited liability partnership must include a street or building address for purposes of providing the public with notice of the physical location at which process may be served on the registered agent; a post office box or lock box alone is not a sufficient address for the registered office.
www.sos.state.tx.us /corp/forms/filingguide/html/llp.htm   (3847 words)

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