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CongoJack posted:Saw a semi with a big sign on the back that says “Caution stay back. We will not be liable for damage to your vehicle!” Is that all it takes to not be liable? Can I put one of those on my car and dump rocks out occasionally from the trunk free from all liability for the damage? They can at least point to the sign as exhibit 1 and do the legal version of I warned you about the stairs bro, but it doesn't in and of itself absolve them of all liability no. E: this is a terrible snipe Let me try: If I clone myself but make a clone without a brain, and I gently caress the (inert) clone, is that rape because it couldn't consent? Wouldn't it be assumed that it would consent regardless? Is it incest because we are related? Is it necrophilia (or attempt necrophilia) if I make the clone without a medulla oblongata, because it functionally can't survive unassisted without one? Nice piece of fish fucked around with this message at 18:57 on Mar 20, 2024 |
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Mar 20, 2024 18:52
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Nice piece of fish posted:They can at least point to the sign as exhibit 1 and do the legal version of I warned you about the stairs bro, but it doesn't in and of itself absolve them of all liability no. I've always wondered how much, in practice, such preemptive defensiveness opens people up to "so you knew this was a danger and all you did to mitigate that danger was put up a sign?" Type attacks
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Mar 20, 2024 19:03
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Nice piece of fish posted:
thats all just wankery with extra steps
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Mar 20, 2024 19:06
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Nice piece of fish posted:They can at least point to the sign as exhibit 1 and do the legal version of I warned you about the stairs bro, but it doesn't in and of itself absolve them of all liability no. I feel like there's bound to be relevant case law for brain dead individuals on life support (and possibly Lawyers  )
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Mar 20, 2024 19:08
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As I understand it for the car thing, a lot of it is going to depend on the state's theory of liability. I got a D in Torts, but it was a pretty hard curve so I might not be completely off base. So if I'm tailgating a guy and my car gets damaged and I sue him, the state and or jury might decide that I am some percent at faulr because of the warning being there. Depending on the state that could be the same as not having the warning, it could be that I get a judgment prorated based on how much the driver was actually at fault verse how much I was, or it could be that I get nothing by contributing to the accident.
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Mar 20, 2024 20:19
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I loving hate theories of liability
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Mar 20, 2024 20:20
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Nice piece of fish posted:Let me try: If I clone myself but make a clone without a brain, and I gently caress the (inert) clone, is that rape because it couldn't consent? Wouldn't it be assumed that it would consent regardless? Is it incest because we are related? Is it necrophilia (or attempt necrophilia) if I make the clone without a medulla oblongata, because it functionally can't survive unassisted without one? On the one hand categorically no one would consent to sex with you on the other hand any clone of you would necessarily lack a brain on the third hand removing someone's brain would move them closer to consenting to sex with you on the fourth hand desire to gently caress someone like you is grounds for a lack of mens rea on the fifth hand as a clone of you the clone would have strong grounds for a wrongful life complaint Discendo Vox fucked around with this message at 21:47 on Mar 20, 2024 |
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Mar 20, 2024 21:38
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If you rear end someone I’m willing to bet wherever you are has some form of presumption that you are at fault, which you may rebut with some kind of evidence but “they had a sign that said I shouldn’t follow too closely” ain’t it
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Mar 20, 2024 21:47
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Phil Moscowitz posted:If you rear end someone I’m willing to bet wherever you are has some form of presumption that you are at fault, which you may rebut with some kind of evidence but “they had a sign that said I shouldn’t follow too closely” ain’t it I think they were talking about tailgating a dump truck and getting gravel damage, not colliding with the truck.
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Mar 20, 2024 21:51
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What if I'm liable to rear end my clone?
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Mar 20, 2024 21:56
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Discendo Vox posted:On the one hand categorically no one would consent to sex with you Hey you should go back to the discord server, I'm deadminned now and spend my time shitposting so bad they are banning me any day now.
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Mar 20, 2024 21:59
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joat mon posted:I think they were talking about tailgating a dump truck and getting gravel damage, not colliding with the truck. Yea it was this. My friend and I were making fun of it and I decided to ask the legal experts online about it.
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Mar 20, 2024 22:02
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Nice piece of fish posted:Hey you should go back to the discord server, I'm deadminned now and spend my time shitposting so bad they are banning me any day now. shut up loser
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Mar 20, 2024 22:52
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joat mon posted:I think they were talking about tailgating a dump truck and getting gravel damage, not colliding with the truck. More like driving a normal and legal distance behind a truck and getting gravel damage. Gravel coming off the top of a dump truck can go a lot farther than tailgating distance.
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Mar 21, 2024 00:02
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Signage: one weird trick to absolve yourself of the responsibility for securing your load. Traffic courts hate this.
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Mar 21, 2024 01:21
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joat mon posted:I think they were talking about tailgating a dump truck and getting gravel damage, not colliding with the truck. Not sure of the legal side of this, but I used to work in road construction and the bosses were very particular about cleaning all loose gravel/rocks/dirt from the rear end end of any vehicles that were going to hit the road.
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Mar 21, 2024 02:48
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Skunkduster posted:Not sure of the legal side of this, but I used to work in road construction and the bosses were very particular about cleaning all loose gravel/rocks/dirt from the rear end end of any vehicles that were going to hit the road. 1. Not cleaning off those stones and crap is a total dick move. 2. You/your company can get cited/fined for failure to secure your load. and as discussed, 3. Liability for damages you cause to other people.
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Mar 21, 2024 03:04
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joat mon posted:Yep. Plus, you can loving kill someone. Had a client who drove a construction truck, failed to clean off and on the road to site had a rock bigger than the size of a fist fall off at 50+ mph, bounce off the road and punch straight through the drivers side front window of an oncoming car, destroying the drivers side headrest. Lucky as gently caress the driver managed to dodge it and didn't have passengers.
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Mar 21, 2024 08:01
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So if Trump can't/won't post bond it doesn't mean he can't appeal, it just means they can start collecting on the judgment while waiting for the appeal i.e. snatching his poo poo and selling it, is that right? So what happens if they force the sale of some of his property and are spending the proceeds and then he actually wins the appeal? They have to give it all back? What if they don't have some of it? I wonder if this might happen in my lawsuit. It certainly seems possible given how long the appeal is likely to take and the "snatching and selling" potentially being fast tracked due to already being in bankruptcy.
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Mar 21, 2024 17:24
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bird with big dick posted:So if Trump can't/won't post bond it doesn't mean he can't appeal, it just means they can start collecting on the judgment while waiting for the appeal i.e. snatching his poo poo and selling it, is that right? The state, if it collects the funds before the appeal is final, will not spend them. They'll be held in some sort of account until the appeal is final and then directed to whatever the state does with those funds. If Trump wins, he'll get his money back. If they have to sell land to get the money from him, he won't get his land back. He'll just get the cash.
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Mar 21, 2024 17:48
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So they’ll effectively put together the bond by force. I dig it.
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Mar 21, 2024 17:51
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I thought the ability to go for the appeal hinged on being able to put up a bond? Like, that was a criteria for it? (I very well could be wrong). So if didn't put it up, it would be the original judgement stood?
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Mar 21, 2024 17:51
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Arkhamina posted:I thought the ability to go for the appeal hinged on being able to put up a bond? Like, that was a criteria for it? (I very well could be wrong). So if didn't put it up, it would be the original judgement stood? He has a fundamental right to file an appeal. But just like convicted criminals go to prison after thr jury says "guilty" and have to wait for their appeals while they sit there, trump has lost and has to pay up now. He might win his appeal but now he has lost so he has to pay now.
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Mar 21, 2024 18:06
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Dumb question, then - so he would be required to pay now, and if he wins appeal, does it get returned? Cash, I imagine, as only bond people take property as collateral?
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Mar 21, 2024 18:10
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Arkhamina posted:Dumb question, then - so he would be required to pay now, and if he wins appeal, does it get returned? Cash, I imagine, as only bond people take property as collateral? Right, sortof. If he doesn't post the bond, the State can start selling off his poo poo to collect the money, so that the money is guaranteed to be there for the victims at the end of the case. Meanwhile the appeal proceeds of he files and requests one. If he wins he gets the money back. He could avoid having his properties sold forcibly by choosing some to sell himself.
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Mar 21, 2024 18:13
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Nice piece of fish posted:Plus, you can loving kill someone. Had a client who drove a construction truck, failed to clean off and on the road to site had a rock bigger than the size of a fist fall off at 50+ mph, bounce off the road and punch straight through the drivers side front window of an oncoming car, destroying the drivers side headrest. Lucky as gently caress the driver managed to dodge it and didn't have passengers. Did he have a sign on the back of his truck saying he was not liable for any boulders that fell off his truck and decapitated people driving behind him?
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Mar 21, 2024 19:39
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Hieronymous Alloy posted:Right, sortof. If he doesn't post the bond, the State can start selling off his poo poo to collect the money, so that the money is guaranteed to be there for the victims at the end of the case. Meanwhile the appeal proceeds of he files and requests one. If he wins he gets the money back. Are there requirements that the NY AG has to get the best offer to sell his property, or could they sell it to the first person willing to buy it at a 'reasonable' value?
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Mar 21, 2024 19:50
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pentyne posted:Are there requirements that the NY AG has to get the best offer to sell his property, or could they sell it to the first person willing to buy it at a 'reasonable' value? I don't know. I think typically such things are done via auctions, like with confiscated property from drug dealers.
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Mar 21, 2024 20:01
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The UCC typically governs foreclosure sales which requires that the sale be " reasonable" I'm at the conditions of the sale are such as to prevent the foreclosing party from intentionally lowballing the amount received
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Mar 21, 2024 20:58
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Commercially reasonable is the standard I believe
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Mar 21, 2024 20:58
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Skunkduster posted:Did he have a sign on the back of his truck saying he was not liable for any boulders that fell off his truck and decapitated people driving behind him? Oh, absolutely. For sure and all, it's a get out of jail card no question. Mhm. Absolutely. But if'n you read my post again, you might discover why paying attention to the facts is critical in matters of law.
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Mar 21, 2024 21:56
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Hieronymous Alloy posted:Right, sortof. If he doesn't post the bond, the State can start selling off his poo poo to collect the money, so that the money is guaranteed to be there for the victims at the end of the case. Meanwhile the appeal proceeds of he files and requests one. If he wins he gets the money back. He could avoid having his properties sold forcibly by not directly treating the court with contempt at every opportunity, but here we are I guess.
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Mar 22, 2024 02:01
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Volmarias posted:He could avoid having his properties sold forcibly by not directly treating the court with contempt at every opportunity, but here we are I guess. You sound like a radical left woke communist!
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Mar 22, 2024 02:05
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bird with big dick posted:So what happens if they force the sale of some of his property and are spending the proceeds and then he actually wins the appeal? They have to give it all back? What if they don't have some of it? Still trying to figure out how this would work with me, in my situation. I get lets say a million bucks. Guy gets granted an appeal and wins the appeal. I obviously owe him a million bucks and he would have the normal right to recover it via wage garnishment or property liens/seizure, etc. But what if I only have $500,000 of the cash left, spent 1/4 of it on cars that have depreciated by 50%, and blew the other quarter of it on things that aren't really lien attachable (vacations, paying off CC debt or something maybe, buying valuable stamps and then using them to mail postcards, etc). He wouldn't be able to seize my home (if it's under the amount protected by homestead exemption) or my 401k I don't believe. I guess he'd just be out the $375,000? It doesn't seem like there should be a legal reason it shouldn't be dischargeable via bankruptcy like most other judgments or debts?
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Mar 24, 2024 18:39
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I have a legal question related to Jury Duty if that's allowed? I got summoned for Federal Grand Jury duty service. I answered the summons and went to court. I was selected for Grand Jury, which is fine, I don't have a compelling reason why I can't serve. The Grand Jury meets 3 days every month for 18 months. Shortly after I got my Federal summons, the state of Connecticut summoned me to serve on a trial Jury. I used their website and requested to be excused given that I had a pending Federal Grand Jury summons. They declined my request stating that I hadn't attended Federal Jury Duty yet. I requested to be excused again after going to the Federal Grand Jury summons. They declined me again. I called them and explained my situation and requested to be excused again. They told me the Federal Jury Duty is separate from State Jury Duty, which I figured. I explained the commitment involved in the Federal Grand Jury service. On the phone they told me that I should be excused. Then they emailed me to say that they had denied my excuse. All told I've requested to be excused 4 times so far and they've said no every single time. They can't select me for 2 Juries at the same time, can they? I plan on just answering the summons and telling the Judge and Lawyers that I've already been selected to a Jury. Do you think it is worthwhile to request to be excused again?
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Mar 24, 2024 18:59
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I think if they sent a cop to retrieve you from actively sitting on a federal grand jury in order to force you to show up for a state jury summons, that could actually be a lot of good fun.
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Mar 24, 2024 19:06
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Bad Munki posted:I think if they sent a cop to retrieve you from actively sitting on a federal grand jury in order to force you to show up for a state jury summons, that could actually be a lot of good fun. The whole thing is straight out of The Trial. I'm at the point now where I've fully bought in and I'm just going to show up to waste everyone's time.
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Mar 24, 2024 19:09
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Anderson Koopa posted:The Grand Jury meets 3 days every month for 18 months. This seems extremely excessive
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Mar 24, 2024 20:01
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bird with big dick posted:Still trying to figure out how this would work with me, in my situation. I get lets say a million bucks. Guy gets granted an appeal and wins the appeal. I obviously owe him a million bucks and he would have the normal right to recover it via wage garnishment or property liens/seizure, etc. But what if I only have $500,000 of the cash left, spent 1/4 of it on cars that have depreciated by 50%, and blew the other quarter of it on things that aren't really lien attachable (vacations, paying off CC debt or something maybe, buying valuable stamps and then using them to mail postcards, etc). This is why a bond is posted for the appeal. You don't get the million bucks until the appeal is over, so he gets his money back if he wins. If you win, you get the bond paid out to you plus you can go after him for the extra interest owed.
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Mar 24, 2024 20:13
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I have a question regarding being sued by creditors. If I am sued and they win I live in Ohio where they can garnish 25% of your after deduction pay. They can also levy your bank accounts. Currently I am on SSDI but plan on going back to work and this is causing me concern because SSDI can't be garnished. I guess it is a stupid question when I think about it, but after getting my potential wages garnished they aren't going to try to levy my bank account every month so I have nothing to live on, right?
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Mar 24, 2024 22:18
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