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Civil Liability Related Questions

To define civil liability is to blame any person, persons or corporation where the court rules that the accused take responsibility by making or paying restitution monetarily for the offences committed that have resulted in some type of harm physically or mentally due to negligence. Civil liability is different than criminal liability. When a judgment for civil liability is given, there is no criminal charge, only restitution depending on the actual circumstances. At times people may be unclear if there are grounds against or for them as far as the issue of suing for civil liability is concerned. Here are some of the frequently asked questions on civil liability that have been answered by Experts.

Can a civil liability suit be filed against a law firm which obtained medical information without a subpoena from the hospital records of a patient?

Releasing a patient’s medical information without a subpoena and his or her permission amounts to the violation of the Health Insurance Portability and Accountability Act of 1996 ( HIPAA), and forms grounds for filing a civil liability suit against the law firm.

Under UK law, does a council tax liability order and a warrant for entry to disconnect an electric meter amount to a civil judgment against an individual even though he or she has not been sued in either case?

In the UK, any orders issued by a County Court amounts to a civil judgment even if the individual has not been sued earlier.

What is police civil liability?

When the police violate the law and infringe on the civil rights of individuals on purpose, civil liability lawsuits may be filed against them which are called “police civil liability”.

Under Australian law, can an employee of a company who prepares a report for a client company be held liable for its content even though the report was approved and signed by other superiors in the company?

Since a report is usually the result of the collective effort of the employees assigned with the task, the employee usually will not or should not be held liable unless it can be decisively proved that he or she failed to follow instructions or ignored certain facts while filing the report. Employees are also generally covered by the employers’ professional indemnity insurance which will help in the event of a lawsuit being filed by the client company.

Can the parents of minor children in Nevada be held liable for petty theft offences committed by the latter?

Yes, in most situations the parents can be held liable for offences committed by their minor children if they are found guilty of causing personal injury or loss of property up to $10,000.

In Australia, can the local city councils be held liable for faulty footpaths?

Though there is a common law under which the local city councils may be held liable for faulty footpaths, Section 42 of the Civil Liabilities Act negates that liability which means that citizens will be unable to sue for damages such as personal injuries incurred while using the footpaths.

Does logging on to a computer system which warns against unauthorized access form grounds for civil liability?

In most cases, the fact that the warning is in place signifies that unauthorized access, even if unintentional, amounts to a criminal offence besides being grounds for possible civil liability.

Can the owner of a dog which kills another dog be sued under the Civil Liability Act?

Civil liability in this case is a distinct possibility if it is proved that the owner of the dog which killed the other dog was negligent. The court could rule in favor of the deceased dog’s owner by awarding damages to the extent that the pet be replaced with another.

It is indeed difficult sometimes to ascertain the extent of civil liability in one’s case or if one has even committed an offence. When in doubt, it is always best to get Experts to evaluate the particulars of your case and provide you with legal insights and the way forward.

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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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JD, BBA Over 25 years legal and business experience.
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Recent Civil Liability Questions

  • I am a practicing veterinarian, and the defendant in this case.

    I am a practicing veterinarian, and the defendant in this case. On December 26, 2010, I was sued by a client (who is also a fairly well known personal injury attorney in this area) whose dog escaped from it's own yard (meaning from the CLIENT'S HOME). I am now waiting on their second (2nd) amended complaint, almost exactly two (2) years from the initial filing - the case is moving backward. During "Discovery" the PI plaintiff stated (in answers to written questions) some facts concerning the good samaritin's actions that in essence document a third degree felony commited by the good samaritan. (FL title 46, chapter 828 I believe, etc.), as well as multiple county ordinances and several Florida Statutes by completely abandoning the lost pet in another neighborhood without shelter or food, where it then unfortunately died. Must I report this to the appropriate ANIMAL AUTHORITIES and to the COURTS in Florida as this information was put forward in writing responding to answers submitted to the PI plaintiff and all answers were NOTORIZED. THE FACT THAT THE ALLEGED FELONY IS IN WRITING, BY THE PLAINTIFF, WOULD SEEM TO ME THAT THIS EVENT MUST BE REPORTED TO THE PROPER ANIMAL AUTHORITIES. My attorney of course does not want to bring this matter up as I believe he believes these facts of animal neglect will continuously prolong the case for many more years. Plaintiff also, in his notorized answers to written questions. to a third degree misdemeaner degree of animal cruelty in his notorized answers. Regarding his accusations against me (my receptionists answered the phone call from the good samaritin incorrectly - are policies are strict in the area "at large" and all three of my receptionists have nothing to lie about, in any deposition.
    I understand that my questions are not directly related to why I am being sued. Those issues are seperate and must be dealt with seperately.
    To summerize do I have a duty to the court and citizens of the county and animal control to report this alleged third degree felony by the samaritin? This is a notorized document and I do not want it to come back to haunt me. I am also well aware of the laws governing my profession as a DVM in Florida and act accordingly.
  • I live in Arizona... I lived in CA until 2006. The CA FTB's

    I live in Arizona... I lived in CA until 2006. The CA FTB's law related to "scanning" banks in CA for so-called "delinquent" taxes dating back to 2004-2005 which would be disputable--nevertheless that is not the issue.
    The issue: I have a bank account at Wells Fargo in AZ, but I have never had an account of ay kind with Wells Fargo in California. To the best of my knowledge, it seems that there is no State Law in AZ allowing the FTB to cross into AZ and seize anything from any entity without due process of law being afforded in AZ... The FTB has no court order.. has no judgment... and has no jurisdiction in AZ. Your input is greatly appreciated!
  • My father wants me to call the police if my brother and his

    My father wants me to call the police if my brother and his gf come home after they gather their belongings and on,y if they don't leave .
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