2 ms·
> How can they not be liable? How is this not negligence? The elements of negligence are: 1. Duty 2. Breach of Duty 3. Cause in Fact 4. Proximate Cause 5.
by bradleyjg 9y ago
> How can they not be liable? How is this not negligence?
The elements of negligence are:
1. Duty
2. Breach of Duty
3. Cause in Fact
4. Proximate Cause
5. Damages
You probably haven't suffered legally cognizable damages (yet). If and when you do, they might well be liable.
- ryandrake 9y agoI'm not a lawyer, but I think it's pretty crappy that you have to show damages in order to nail someone for negligence. Shouldn't it be enough that they engaged in risky behavior? If I go out on the road and drive in a risky manner, I can end up guilty of all sorts of things without hurting anyone or damaging any property. But give up personally identifiable information (which we know leads to bank fraud) and somehow it's "show damages or GTFO".