Liability

Liability in the United States

Contents:

Legal responsibility for an action or inaction that causes injury or loss. Liability extends to a broad range of situations where a plaintiff suffers injury at the hands of a defendant. Liability may be civil or criminal. In a civil context, liability may flow from, among other things, failure to honor provisions of a contract, personal injury, or some other injury covered by tort law. A plaintiff must establish the liability of a defendant in order to obtain relief through a court. Liability is a term that has broad legal application. In addition to the condition of being responsible, liability also refers generally to monies owed (the opposite of an asset) or to an obligation to perform in a particular manner.

See Also

Damages (Civil Process) Personal Injury (Civil Process) Tort (Civil Process).

Analysis and Relevance

Liability is established if it can be shown that a defendant caused injury to a plaintiff. One way of establishing liability is to demonstrate negligence on the part of the defendant. Negligence is conduct that fails to sufficiently protect others from an unreasonable risk of harm. Negligence does not encompass intent as such, only an insufficient degree of care. Occasionally, a defendant is able to establish an affirmative defense that the plaintiffs own conduct failed to provide sufficient self-protection. In such cases, it is asserted that the defendant’s and the plaintiffs behaviors combined in a way to produce the injury. A situation where the plaintiffs own conduct is a partial cause of the injury is called contributory negligence. Some kinds of liability do not require a showing of negligence, however. Consider, for example, the area of product liability. Product liability suits are designed to hold manufacturers accountable for the items they produce. Suits of this kind include such things as automobiles, food, pharmaceuticals, or appliances. Services rendered are also subject to product liability actions. The legal standard used in product liability cases is strict liability. This standard allows a plaintiff to recover, even if the manufacturer acted with reasonable care, if it can be shown that the product, used properly by the plaintiff, was the cause of injury.

Notes and References

  1. Definition of Liability from the American Law Dictionary, 1991, California

Liability Definition

Responsibility; the state of one who is bound in law and ‘justice to do something which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts committed.

Liability in Foreign Legal Encyclopedias

Link Description
Liability Liability in the World Legal Encyclopedia.
Liability Liability in the European Legal Encyclopedia.
Liability Liability in the Asian Legal Encyclopedia.
Liability Liability in the UK Legal Encyclopedia.
Liability Liability in the Australian Legal Encyclopedia.

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For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Liability

Scan Liability in the appropriate area of law:

Link Description
Liability Liability in the Family Law Portal of the American Encyclopedia of Law.
Liability Liability in the IP Portal of the American Encyclopedia of Law.
Liability Liability in the Commercial Law Portal of the American Encyclopedia of Law.
Liability Liability in the Criminal Law Portal of the American Encyclopedia of Law.
Liability Liability in the Antritrust Portal of the American Encyclopedia of Law.
Liability Liability in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Liability Liability in the Constitutional Law Portal of the American Encyclopedia of Law.
Liability Liability in the Tax Law Portal of the American Encyclopedia of Law.
Liability Liability in the and Finance and Banking Portal of the American Encyclopedia of Law.
Liability Liability in the Employment and Labor Portal of the American Encyclopedia of Law.
Liability Liability in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Liability Liability in the Environmental Law Portal of the American Encyclopedia of Law.

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Explore other Reference Works

Resource Description
Liability in the Dictionaries Liability in our legal dictionaries
https://lawi.us/liability The URI of Liability (more about URIs)
Liability related entries Find related entries of Liability

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Legal Issue for Attorneys

Responsibility; the state of one who is bound in law and ‘justice to do something which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts committed.

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Notice

This definition of Liability Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Liability as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

(1) Legal responsibility for an act or omission. (2) Something for which a person is liable. For example, a debt is often called a liability.

Concept of Liability

In the U.S., in the context of Judiciary power and branch, Liability has the following meaning: Legal responsibility. A person is liable for the effects of his or her actions. (Source of this definition of Liability : University of Texas)

Liability

Meaning of Liability

In plain or simple terms, Liability means: A legal responsibility, obligation, or debt.

Basic Meaning of Liability

Liability means: responsibility for wrongful acts or other debts.

Liability (Collisions)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Collisions is provided. Finally, the subject of Admiralty Law in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Consumer Leasing)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Consumer Leasing is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Credit Card Agreements)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Credit Card Agreements is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Equal Credit Opportunity)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Equal Credit Opportunity is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Fair Credit Reporting)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Fair Credit Reporting is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Fair Debt Collection)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Fair Debt Collection is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Right to Financial Privacy)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Right to Financial Privacy is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Towage)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Towage is provided. Finally, the subject of Admiralty Law in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Truth in Lending)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Truth in Lending is provided. Finally, the subject of Consumer Protection in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Liability (Warehouse Receipts)

This section introduces, discusses and describes the basics of liability. Then, cross references and a brief overview about Warehouse Receipts is provided. Finally, the subject of Documents of Title in relation with liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Finding the law: Liability in the U.S. Code

A collection of general and permanent laws relating to liability, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines liability topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

Meaning of Liability

In plain or simple terms, Liability means: A legal responsibility, obligation, or debt.

Basic Meaning of Liability

Liability means: responsibility for wrongful acts or other debts.

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Limited Liability Companies: A Critique, St. John’s Law Review; July 1, 1996; Maizes, Rachel

    Liability for Drugs in the U.S. and EU: Rhetoric and Reality, The Review of Litigation; September 1, 2007; Stapleton, Jane

    Liabilities Of Directors; Persons Who Can Bring Actions Against The Directors. Mondaq Business Briefing; November 21, 2011

    Limited liability companies.(dba Florida[TM]: A reference guide for doing business in Florida.)(Public notice), Florida Trend; June 1, 2008

    Liability insurance for business: do you carry enough liability insurance? How do you protect your business?, Alaska Business Monthly; March 1, 2004; Martin, Gary L.

    Limited liability companies.(dba Florida[TM]), Florida Trend; June 1, 2007

    Table 10a. Liabilities to foreigners, except foreign official agencies, reported by U.S. Banks and Securities Brokers (1).(U.S. International Transactions)(Statistical table), Survey of Current Business; October 1, 2006

    Bonding Limited Liability, William and Mary Law Review; March 1, 2010; Rhee, Robert J.

    Liability Insurance: Establishing Legal Liability To Third Party. Mondaq Business Briefing; September 23, 2010

    Contested liabilities – when is a deduction allowed?, The Tax Adviser; July 1, 1994; Connealy, Paul J.

    Liability-driven investing an enterprise risk management strategy: learn more about how your organization’s liabilities can figure into an effective risk management strategy.(FEATURE STORY), Healthcare Financial Management; August 1, 2008; Courson, William M.

    Limited Liability Companies at 20, Suffolk University Law Review; June 22, 2009; Bishop, Carter G. Keatinge, Robert R.

    Pension Liabilities as a Credit Factor, Government Finance Review; June 1, 1998; Young, Parry

    Liability and the financial statement. (Meeting the Environmental Challenge), Directors & Boards; June 22, 1992; Adams, Jane B.

    Limited liability companies.(dba Florida[TM]: REFERENCE GUIDE), Florida Trend; March 1, 2009

    Redefining liabilities, CA Magazine; December 1, 2004; Beauchamp, Tim

    Liabilities of the Board of Directors Members and Sanctions in Light of the Entire Amendments to the New Turkish Commercial Code, Mondaq Business Briefing; January 21, 2013

    Table 11. Liabilities to foreigners, except foreign official agencies, reported by U.S. banks and securities brokers.(U.S. International Transactions), Survey of Current Business; July 1, 2011

    Assumption of liabilities in taxable asset and Sec. 338(h)(10) acquisitions. The Tax Adviser; April 1, 2008; Gruidl, Nick

    Partnership liabilities.(rules to prevent taxpayers from manipulating the liability rules), The Tax Adviser; August 1, 2005; Laffie, Lesli S.

    Liability in State Statute Topics

    Introduction to Liability (State statute topic)

    The purpose of Liability is to provide a broad appreciation of the Liability legal topic. Select from the list of U.S. legal topics for information (other than Liability).

    Concept of Liability

    In the U.S., in the context of Judiciary power and branch, Liability has the following meaning: Legal responsibility. A person is liable for the effects of his or her actions. (Source of this definition of Liability : University of Texas)

    Liability

    Meaning of Liability

    In plain or simple terms, Liability means: A legal responsibility, obligation, or debt.

    Basic Meaning of Liability

    Liability means: responsibility for wrongful acts or other debts.

    Resources

    See Also

    • Judiciary Power
    • Judiciary Branch

    Meaning of Liability

    In plain or simple terms, Liability means: A legal responsibility, obligation, or debt.

    Basic Meaning of Liability

    Liability means: responsibility for wrongful acts or other debts.

    Resources

    Further Reading

    Liability in the Federal Budget Process

    Meaning of Liability in the congressional and executive budget processes (GAO source): Defined differently for obligational (or budgetary) and proprietary (or financial) accounting purposes (see app. III).

    Obligational (or budgetary) accounting, designed to ensure compliance with fiscal laws, is based on the concept of legal liability. A legal liability is a claim that may be legally enforced against the government. It may be created in a variety of ways, such as by signing a contract, grant, or cooperative agreement or by operation of law. (See also Obligation.)

    Proprietary (or financial) accounting, designed to generate data for financial statement purposes, is based on the concept of accounting liability. For federal financial accounting purposes, a liability is a probable future outflow or other sacrifice of resources as a result of past transactions or events. Generally, liabilities are thought of as amounts owed for items or services received, assets acquired, construction performed (regardless of whether invoices have been received), an amount received but not yet earned, or other expenses incurred. (See also Contingent Liability.)

    Concept of Liability

    In the U.S., in the context of Judiciary power and branch, Liability has the following meaning: Legal responsibility. A person is liable for the effects of his or her actions. (Source of this definition of Liability : University of Texas)

    Liability

    Meaning of Liability

    In plain or simple terms, Liability means: A legal responsibility, obligation, or debt.

    Basic Meaning of Liability

    Liability means: responsibility for wrongful acts or other debts.

    Resources

    See Also

    • Judiciary Power
    • Judiciary Branch

    Meaning of Liability

    In plain or simple terms, Liability means: A legal responsibility, obligation, or debt.

    Basic Meaning of Liability

    Liability means: responsibility for wrongful acts or other debts.

    Resources

    See Also

    Further Reading

    • Legislatures and the budget process: the myth of fiscal control

      (J Wehner, 2010)

    • Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
    • Fiscal institutions and fiscal performance

      (JM Poterba, J von Hagen, 2008)

    Liability meaning

    Liability is the legal obligation of a person to be held responsable for the injury to another whether that injury is contractual (breach of contract) or tortious (negligence, strict liability, intentional tort).

    The consequence of a finding of a prima facie tort if unrefuted by some affirmative defence rise to legal liability in tort.

    Mayfield v. First Nat. Bank of Chattanooga, Tenn., C.C.A.Tenn., 131 F.2d 1013, 1019.

    Liability: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Liability. This part provides references, in relation to Liability, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Liability by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Liability and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Liability or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Liability and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Liability. Finding these decisions can be challenging. In many cases, researchers about Liability should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Liability when formerly requested by a designated government officer):

    Tools and Forms

    Law in Other Regions

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