Also known as: subjects to liability · subjected to liability
Written by attorneys · grounded in primary & secondary sources — see below
The condition of being legally accountable for injury or loss caused by one's actions, omissions, or property. This status arises when specified elements such as knowledge of risk, failure to disclose or repair, or intentional conduct are present and the harm follows directly from that conduct or condition.
Santiago Sanchez permitted his assistant to represent that a land deal was on his behalf. When buyers relied on that representation and paid deposits, Sanchez learned of the belief but took no steps to correct it. The buyers later discovered the deal was unauthorized and lost their money. Sanchez is subject to liability for the buyers' change of position.
Scott Summers leased a garage to a repair shop without disclosing an unstable floor plate over an old hydraulic pit. The tenant noticed minor flexing but did not investigate. A mechanic later fell through the plate and suffered serious injuries. Summers is subject to liability to the mechanic for the undisclosed dangerous condition.
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Stephen Shaw swung a bat intending to strike a bystander but instead hit Sydney Santos standing nearby. Santos suffered a broken arm from the contact. Shaw is subject to liability to Santos for the resulting battery even though Santos was not the intended target.
Samuel Soto leased an office building and promised in the lease to maintain the heating system. After the tenant took possession the boiler failed because Soto never performed the promised maintenance, causing burns to an employee. Soto is subject to liability for the physical harm caused by the unrepaired condition.
Sasha Stone threw a rock intending to frighten a third person but the rock struck Samuel Soto instead, causing an offensive contact. Stone is subject to liability to Soto for the battery as though Soto had been the intended target.
Sierra Solutions attempted to fix a loose handrail in leased space by driving screws into crumbling plaster. The repair made the rail appear sturdy, but it later detached and injured a visitor. Sierra Solutions is subject to liability for the harm caused by the deceptive appearance of safety.
The term extends liability to the tenant and to any other persons present on the leased property with the tenant's or subtenant's consent. This coverage applies once the landlord's conduct or omission satisfies the elements that create accountability for the resulting harm.
When the landlord actively conceals the condition, exposure continues until the tenant actually discovers it and has a reasonable opportunity to take precautions. In the absence of active concealment, exposure ends once the tenant has had a reasonable opportunity to discover the condition.
Yes. When an actor intends harmful or offensive contact with one person but causes such contact to another, the actor remains subject to liability to the actual victim to the same extent as if the intended person had been struck.
A principal becomes subject to liability when the principal intentionally or carelessly causes a third party to believe a transaction was entered on the principal's account and the third party changes position in reliance on that belief, or when the principal knows of the belief yet fails to notify the third party.
…claims under the ATS); Mohamad v. Palestinian Authority , 566 U. S. , (2012) (slip op., at 1) (only natural persons are subject to liability under the TVPA). The Ninth Circuit, moreover, paid little heed to the risks to international comity its expansive view of general jurisdiction posed. Other nations do not share the…