NS: I have read about “swatting”. Call the police and ask them to send a swatting team home for suspected criminal activity (except hoaxes). Can mischief be a criminal case?
NS: Pranks may be weird, but situations can occur that turn intended pranks into harmful and destructive ones. Then can it be considered a crime? Typical elements of criminal offense are (a) prohibited acts, and (b) the spiritual element of guilty or intent. Keep in mind that even if someone “just tries to trick a friend”, you can find responsible recklessness as well as deliberate misconduct. Take the swatting you mention: There may be a car accident when the swatting team competes home. Alternatively, the swat team can mistake someone there for an intruder and take strong action against them. Even if the crime is not found, civil liability can arise if the mischief involves negligence that causes damage to a third party. In conclusion, pranks can be dangerous to others as well.
NS: I was a participant in a TV show. What I want to know is how far the liability can be exempted. All contestants must sign a document about “assuming risk” and agree that they will not be liable to the show or its personnel in case of injury.
NS: Under California law, the termination of a liability clause in a contract (often referred to as a disclaimer) is subject to some disadvantage and can be construed in a narrow sense. One of the purposes of such provisions is for third parties to avoid liability for participation in or encouragement of activities that could lead to injury or loss. For clarity, the risk doctrine assumption is a strong defense. If you are engaged in activities that carry inherent risks, such as skiing, bungee jumping, or car racing, you are considered to have intentionally and voluntarily harmed yourself. In conclusion, there are criteria for assessing the validity of the disclaimer. The fact that you have signed a contract can pose a hurdle if you then try to blame the other person in whole or in part if something goes wrong. However, the disclaimer may not protect the party if the party acts intentionally illegally or in violation of public policy. Therefore, the answer to your question is that the strength of the disclaimer depends, at least in part, on the situation.
Ron Sokol is a Manhattan Beach lawyer with over 35 years of experience. His column, printed on Wednesday, outlines the law and should not be construed as legal advice. Email him questions and comments at firstname.lastname@example.org.
Can a prank become a crime? Ask the lawyer – Press Enterprise Source link Can a prank become a crime? Ask the lawyer – Press Enterprise