Also known as:legal liability · legally liability · liable · liability
Written by attorneys · grounded in primary & secondary sources — see below
Subject to a legal obligation to answer for an act, omission, or condition by paying damages, performing an obligation, or facing criminal sanctions.
Sources & Authorities
How it applies
Common Examples
6
Homicide Classification Dispute
Lamar Lewis shot an intruder who had broken into his home at night. Prosecutors charged him with criminal homicide. The court classified the killing as justifiable because the law expressly authorized the use of deadly force in self-defense, so Lewis faced no criminal liability.
Crossclaim for Indemnity
Linden Bank sued Lotus Pharmaceuticals for breach of a supply contract. Lotus filed a crossclaim against its co-defendant supplier Lattice Systems alleging that any damages owed to the bank arose from the supplier's defective product. The court permitted the crossclaim because it arose from the same transaction.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
After a car accident, Leo Lynch offered to pay Lillian Locke's hospital bills. At trial Locke sought to introduce the offer to prove Lynch's fault. The court excluded the evidence because offers to pay medical expenses are inadmissible to establish liability.
Involuntary Act Defense
Leonard Lowe suffered an epileptic seizure while driving and struck a pedestrian. Prosecutors charged him with reckless driving. The court dismissed the charge because liability requires a voluntary act and the seizure was not voluntary.
Contingent Fee Agreement
Luis Lopez retained Loyal Insurance's in-house counsel on a contingent fee to recover policy proceeds. The written agreement stated the percentage and expense allocation. The court enforced the fee because the agreement complied with the required disclosures and was signed by the client.
Apparent Authority Liability
Logan Lane told suppliers he was acting for Lotus Pharmaceuticals when he ordered chemicals. Lotus knew of the belief but took no steps to correct it. When the suppliers delivered and Lotus refused payment, the court held Lotus legally liable because it had caused the suppliers' detrimental reliance.
Common questions
Frequently Asked
4
Does offering to pay medical bills create legal liability?+
No. Evidence of furnishing or offering to pay medical expenses is inadmissible to prove liability for the injury. The offer itself does not establish that the offeror is legally liable.
Supporting sources
When does a principal become legally liable for an agent's acts under apparent authority?+
A principal who is not otherwise a party to a transaction becomes legally liable if the principal intentionally or carelessly caused others to believe the transaction was on the principal's account and those others changed position in reliance.
Supporting sources
What must exist for criminal liability under the Model Penal Code?+
Criminal liability requires conduct that includes a voluntary act or the omission of an act the person is physically capable of performing. An involuntary act such as a reflex or seizure does not support liability.
Supporting sources
How does a crossclaim establish legal liability between coparties?+
A crossclaim may assert that a coparty is or may be liable to the crossclaimant for all or part of a claim asserted against the crossclaimant when the claim arises from the same transaction or occurrence as the original action.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…therefore, being in the same situation as to these duties as every other ministerial officer of the United States and equally liable to be compelled, is also bound by the same rules of evidence. These duties are not confidential but public and his clerks have no exclusive privileges except as to facts concerning foreign…