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  #1  
Old 08-10-2004, 07:14 PM
dan148
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Question for forum


What is the name of your state?Fl

Does taking advice from a forum such as this one hold different liabilities (if any at all) as opposed to taking advice from a local advice hotline via telephone?? I will elaborate for all of you so that you get a picture of what I am asking. Not even sure if this is the right forum for this question.

I was reading this mornings paper and there is case going on here in South Florida where a guy committed suicide back in April 2003. The paper states that "The widows attorney has filed suit against a local suicide hotline after just learning of communication between the deceased and the hotline". The article does not say what exactly the communication between the two said, I am not even sure if there is any audio tape..The article doesn't mention anything about details, except that the deceased called the hotline several times one week prior to his death. The article goes on to say that "One hotline worker is being subpoenaed for questioning"

Just curious about the laws on this matter
  #2  
Old 08-10-2004, 08:06 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by dan148
What is the name of your state?Fl

Does taking advice from a forum such as this one hold different liabilities (if any at all) as opposed to taking advice from a local advice hotline via telephone?? I will elaborate for all of you so that you get a picture of what I am asking. Not even sure if this is the right forum for this question.

I was reading this mornings paper and there is case going on here in South Florida where a guy committed suicide back in April 2003. The paper states that "The widows attorney has filed suit against a local suicide hotline after just learning of communication between the deceased and the hotline". The article does not say what exactly the communication between the two said, I am not even sure if there is any audio tape..The article doesn't mention anything about details, except that the deceased called the hotline several times one week prior to his death. The article goes on to say that "One hotline worker is being subpoenaed for questioning"

Just curious about the laws on this matter

My response:

The attorney is undoubtedly suing for negligence; i.e., but for the "negligent advice", his client wouldn't have committed suicide.

The difference here is that this site has instructions, rules, terms and conditions that you agreed to when signing up. Further, many of us, including myself, (not to mention this site's disclaimer), advise writers to seek the assistance of local counsel before acting upon anything written in response.

In the instant case, FreeAdvice allows two or more people to have a chat about a problem, not unlike you having a chat with your neighbor or friend about your problem. An informal discussion does not carry the burden of "duty", which is one of the elements of "negligence". Without a "duty" to the writer, there can be no negligence.

In the final analysis, these are informal discussions about the law, and no duty of a legal relationship is created. We just throw out possible ideas to the writers. It's up to the writers to act and take appropriate action, accordingly, if necessary.

IAAL
  #3  
Old 08-10-2004, 08:21 PM
dan148
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Posts: n/a
Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

The attorney is undoubtedly suing for negligence; i.e., but for the "negligent advice", his client wouldn't have committed suicide.

The difference here is that this site has instructions, rules, terms and conditions that you agreed to when signing up. Further, many of us, including myself, (not to mention this site's disclaimer), advise writers to seek the assistance of local counsel before acting upon anything written in response.

In the instant case, FreeAdvice allows two or more people to have a chat about a problem, not unlike you having a chat with your neighbor or friend about your problem. An informal discussion does not carry the burden of "duty", which is one of the elements of "negligence". Without a "duty" to the writer, there can be no negligence.

In the final analysis, these are informal discussions about the law, and no duty of a legal relationship is created. We just throw out possible ideas to the writers. It's up to the writers to act and take appropriate action, accordingly, if necessary.

IAAL
Well, I guess that just about answers my question...Thank you for your reply
  #4  
Old 08-10-2004, 08:39 PM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
OFF TOPIC, IAAL? Did Mary forward that mail?
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #5  
Old 08-10-2004, 08:45 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by --PARIDISE--
OFF TOPIC, IAAL? Did Mary forward that mail?

My response:

She's gone on vacation until next Monday.

IAAL
  #6  
Old 08-10-2004, 09:01 PM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
OK, Thanks.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #7  
Old 08-10-2004, 09:15 PM
Senior Member
 
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

She's gone on vacation until next Monday.

IAAL
**Does she have anyone filling in for her or does this mean we are free from edits until Monday? lol
  #8  
Old 08-10-2004, 09:21 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by Happy Trails
**Does she have anyone filling in for her or does this mean we are free from edits until Monday? lol

My response:

Of course she does. Why do you think I've been extremely "nice" lately?

The person she has "pinch hitting" for her is a real cutthroat, "off with their heads" kinda person!

IAAL
  #9  
Old 08-10-2004, 11:05 PM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

Of course she does. Why do you think I've been extremely "nice" lately?

The person she has "pinch hitting" for her is a real cutthroat, "off with their heads" kinda person!

IAAL
LOL, I noticed that, just thought it was me being busy and not logging on much.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
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