Can I get sued for putting bleach in someone&#39;s drink? I had a slushie order, and we were out of water. There was a bottle of clear liquid, which I mistook as water. I put in around 3 ounces. Later, My boss informed me that the clear liquid under the water can was not back-up water, but BLEACH. The problem was that they informed me AFTER I had already served the customer! Can either I or the restaurant get sued for this? ( I do not know what is the percentage of concentration.)
Depending on the bleach, you could have just killed the customer, so why in hell are you worried about being sued (to which the answer is a solid “yes”, by the way)? Most bleaches are a horrific poison for which there is little recourse once swallowed - it can easily result in death or permanent life altering injuries. Being arrested for manslaughter or assault is a real likelihood here, both yourself and your manager. Get legal advice, now.
In German Law you need to give your agreement ("Willenserklärung") to a contract or in this case terms of service. This is done by telling the other part. In some cases this can also be implied by an action (example: putting your bottle of beer onto the cashiers table is an offer to buy this bottle). As a second criteria a "Willenserklärung" needs to be the exact will of the part that declares its will (the website user in this case) §§ 133, 157 BGB or that the other side (you) could only see so (not the case here as this mainly speaks of content). If you visit a website and there are terms of services, the "Willenserklärung" is only given when the user read and agreed to the terms. If he did not, the terms of service are not applied until the user agrees to them. So I would recommend to block the website until the user agreed (overlay) as you need to proof he did when in court. Additionally there are so called AGB's in Germany. Those are contracts that are used or planed for many (more than 3) uses and set by one side (you). This may apply here, so you need to follow a lot of other rules like making sure the user had access and agreed, then there are many content restrictions and so on... I recommend consulting a German Lawyer specialized on this topic as this is very complex and includes other German laws for Media too, depending on the content of your site and terms. Also note that everything said is only based on my own knowledge and can not be used as safe legal source.
If you used some creative work of mine without my permission (I'm the copyright holder, and you have no license giving you permission) then I can sue you to make you stop using my work, to get payment for damages, and to get payment for statutory damages. If you used my work because someone else told you wrongly that you had a license, that's very unfortunate for you, but is no reason why I wouldn't or shouldn't sue you. Obviously in this situation that third party did something badly wrong. I can sue both of you together to make sure that I get payment from whoever has deeper pockets. You can also sue that third party if you think that their lying, or being mistaken, about a non-existing license caused you damages, or if there is a contract or something that makes them responsible.
In Florida, as in most common-law jurisdictions, you may legally use force to defend yourself and others from someone else's imminent physical assault. Florida makes it explicit. 776.012 Use or threatened use of force in defense of person. (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. The force you're defending against must be imminent, though. You can't just believe you may be in danger; you have to believe you are. Further, you must reasonably believe not only that use of force is necessary to defend against that danger, but also that you have to use that much force. Once you believe any of those statements to be false, or any of those beliefs become unreasonable, you're no longer protected by 776.012. If you continue to use force past that point, you're no longer defending; you're attacking. Yes, there may be criminal charges. I mean, use of force is illegal by default, and justified or not, you did just knock a guy out. The government has a duty to ensure that your use of force was lawful, and if it finds reason to believe otherwise, you may be charged. Yes, you might be held liable for the attacker's medical expenses. Mix Tape Guy is likely to try to sue in any case. He has some small chance of winning, partly because civil and criminal trials present different burdens of proof. If you weren't charged, or were found not guilty (and didn't get off on a technicality), then that chance remains pretty small. But if you are tried and found guilty of assault, you're much more likely to lose. Yes, you might be held liable for damage to the restaurant etc. Same story as with Mix Tape Guy. The outcome will depend heavily on the outcome of the criminal trial. If you weren't charged, or you were found not guilty, then you're less likely to have to pay to fix the restaurant. If you're tried and found guilty, you'll almost certainly have to chip in.
You can sue the shop for defective installation, or you can sue the manufacturer for a defective part. You will have to prove that it is the fault of the person that you are suing, so the shop will probably argue that it was a defective part that they couldn't have known about, and the manufacturer will probably argue that it was due to defective installation. If you have competent third-party testimony that proves that the part itself was defective, you may prevail, though if you can get them to write up a technical report that supports your contention, the manufacturer may simplify things by compensating you, if you waive your right to sue for damages. However, this may not be an option unless the shop retained the filter and can point to a specific manufacturing defect.
Would I sue seller or manufacturer for a new appliance that does not function correctly? You have viable claims against both seller and manufacturer, and you may sue both of them in the same complaint. Hopefully the tech's assessment that you &quot;should get a new machine&quot; is in writing, since that evidence seems dispositive (i.e., decisive) and immune to manufacturer's potential denial. Regardless of what approach you choose, the award you might be granted is subject to the prohibition of double recovery. It seems that the seller's directions were purposefully dilatory. Coupled with its subsequent pretext about expiration of the 30 day period, seller's conduct is in violation of legislation regarding unfair and misleading practices. Your post does not specify which jurisdiction in the US you have in mind, but consumer protection laws are rather uniform all over the country. If the provision of 30-day return period is reflected in a document such as the invoice, or in seller's signs/advertisements, you also have a claim of breach of contract for seller's failure to abide by the corresponding clause or policy. A similar rationale applies with respect to the manufacturer. The manufacturer is not entitled to arbitrarily postpone compliance as to the warranty. Seller's 30-day deadline serves as comparison in your argument that the manufacturer's open-ended schedule is excessive, a schedule which is on top of the delay from the interactions with both techs. if I win, what do I do with the dishwasher? Wait for the party who reimburses you or replaces the dishwasher to determine whether it opts to take the defective dishwasher. That party is responsible for transportation costs and related expenses if it decides to pick up the appliance. If the party is not interested in retrieving the defective appliance, make sure it signs a waiver. Otherwise you would be at risk that that party maliciously tries to turn the tables by alleging that you unlawfully got a second dishwasher for free.
I think this is a lot like this question Liability for poisoning food one expects to be stolen because you are causing harm to someone/something when they are using your things without permission. That question says that if you expect someone to do something with something that you have purposely made wrong then you are legally responsible for the effects.
Even though student status is not on the list of protected classes, this still might be discrimination. By proxy. Status as student can be a proxy for age, race, and/or color. Maybe even religion if there is a religious school nearby! In fairness to the store manager, when a pack of ten kids comes rolling in on the way home from school things can get pretty hectic. Rather than try to kick out the problem kids many managers will attempt to avoid the problem in the first place. Also, a sign like this might help the manager be less discriminatory. For example, let's say he lets all kids in and only kicks out the ones who are causing problems. If those problem kids are all in one protected class and it's different from the kids who don't get kicked out, the manager looks like he's discriminating based on that protected class. Discrimination by proxy can be hard to prove and I am not sure of the burden of proof in Canada. I have read that "Canadian experience" is used as a proxy in employment discrimination and has been getting some attention lately. That might be a good issue to keep an eye on as it may define proxy discrimination jurisprudence.