Also known as: legal liabilities · legally liable · liability · legal responsibility
Written by attorneys · grounded in primary & secondary sources — see below
The condition of being legally responsible for an act, omission, or condition that causes harm or violates a duty. Responsibility arises when the actor's conduct meets the elements required by the governing rule and no defense or exclusion applies.
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Lena Lawson shoots an armed intruder who is threatening her family. Because the killing falls within the category of justifiable homicide, Lena incurs no criminal liability. The court dismisses the charges without reaching any defense of excuse.
After Lila Lin's delivery truck strikes a pedestrian, she offers to cover the victim's hospital bills. At trial the pedestrian seeks to introduce the offer to prove Lila's fault. The court excludes the evidence because an offer to pay medical expenses is inadmissible to establish liability.
Lorenzo Lugo suffers an epileptic seizure while driving and strikes another car. Because the seizure is an involuntary reflex rather than a voluntary act, Lorenzo faces no criminal liability for the resulting injuries under the requirement that liability rest on voluntary conduct.
Latoya Lane asks her client to sign an agreement capping any future malpractice recovery at the amount of the legal fee. Because the client is not independently represented when signing, the agreement is unenforceable and the lawyer remains fully exposed to malpractice liability.
Leo Lynch allows his name to appear on business stationery as the owner of a new venture. Suppliers extend credit believing Lynch is the principal. When the venture defaults, Lynch is subject to liability to the suppliers who relied on that belief even though he never actually authorized the transactions.
Logan Lane rents a house to tenants without revealing that the basement stairs are rotted through. A tenant falls and is injured. Because the dangerous condition existed at the time of possession, the tenant lacked knowledge of it, and Logan knew or should have known of the risk, Logan is subject to liability for the resulting harm.
Criminal liability requires an unlawful killing that does not qualify as justifiable or excusable homicide. Justifiable homicide is authorized by law and carries no liability. Excusable homicide is subject to a recognized defense that eliminates criminal responsibility. All other unlawful killings support criminal liability.
Supporting sources
Evidence of furnishing or offering to pay medical expenses is not admissible to prove liability for the injury. The rule bars use of the offer itself as proof of fault. The evidence may be admitted for another purpose such as proving bias or control when the court finds that purpose valid.
…fairly be supposed to have contemplated at the time of contracting. It was argued that fraud does not alter the logical basis of liability for natural consequences and that there was ample evidence that the defendants knew the purpose for which the shaft was sent and that nondelivery in due time would stop the mill. Cases…
…and Alito, JJ., dissenting). Congress could not, for example, expand its authority to impose criminal fines by creating strict liability
…performance of the tenant’s obligations, might well protest if Meinhard, claiming an equitable interest, had offered to assume a liability not equal to Salmon’s, but only half as great. He might justly insist that the lease must be accepted by his coadventurer in such form as it had been given, and not constructively divided…
…estate. Campbell’s insurer, petitioner State Farm Mutual Automobile Insurance Company (State Farm), however, decided to contest liability
…collision it had in force an insurance policy with respect to Ellis Clark, driver of the truck, providing for bodily injury liability
Supporting sources
A person is not guilty of an offense unless liability is based on conduct that includes a voluntary act or the omission of an act the person is physically capable of performing. Reflexes, convulsions, and bodily movements during unconsciousness or sleep are not voluntary acts. Therefore an involuntary act cannot support criminal liability.
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A lawyer may not make an agreement prospectively limiting malpractice liability to a client unless the client is independently represented in making the agreement. Without independent representation the limitation is unenforceable and the lawyer remains fully subject to liability for malpractice.
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A person who is not otherwise liable becomes subject to liability if that person intentionally or carelessly causes others to believe the transaction was entered into by or for the person, or knows of such belief and fails to take reasonable steps to correct it. Reliance that changes position triggers the liability.
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Liability arises when the landlord conceals or fails to disclose a condition involving unreasonable risk of physical harm that exists at the time the tenant takes possession, the tenant does not know or have reason to know of the condition or risk, and the landlord knows or has reason to know of the condition and risk.
Supporting sources