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  1. 3 points
    pg1067

    Diving Accident

    Sure it would have, but the question will be whether it was a reasonable option. I think pretty much anyone would agree that making an indoor pond at a bar 8-feet deep would be an extreme and unexpected thing to do. And, as I commented earlier in this thread, no reasonable person would behave so carelessly as to dive head-first into a two foot body of water. Moreover, and possibly most importantly, what if a person who didn't know how to swim accidentally was pushed into the 8-foot deep indoor pool and drowned? Making the darn thing 8-feet deep would be far more likely to result in injury or death. I'll bottom line it: if you get any recovery beyond the no-fault medical payment coverage that the bar owner's liability policy presumably had, it will be a stark illustration of everything that is wrong with the tort system in the U.S.
  2. 2 points
    I read it that the landlord served the eviction summons 1 day after serving the non-pay termination notice, not 15 days after serving the non-pay termination notice. Eric, am I right about that? If so, you'll need to file an answer to the eviction complaint, moving for its dismissal as being premature. If you can't afford a lawyer I suggest you look for a local legal aid office or tenants' rights organization for help. Another way of getting the eviction dismissed is to pay the rent within the 14 days and bring proof of payment to the court if the LL doesn't voluntary dismiss the eviction.
  3. 2 points
    What does "automatically called" mean? Are you asking if there's some sort of nationwide surveillance system that "automatically" summons the police anytime someone "nearly drowns"? Whether a "near drowning" will result in anyone being called obviously depends on the facts and circumstances of the incident and whether anyone involved is inclined to call someone (police or otherwise).
  4. 2 points
    What he is booked for doesn't mean anything. It's the DA's office that files charges, not the cops.
  5. 2 points
    adjusterjack

    Same name usage in logo

    Those two entities have been at each other since 1984 according to the case decision that summarizes the history: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07147/418541/44/ There are several other cases that involve the Polo Ralph Lauren Corporation. https://scholar.google.com/scholar?hl=en&as_sdt=806&q=polo+ralph+lauren+corp&oq=polo You don't put your foot in a bear trap to see if the bear trap works. You already know that the use of "polo" in a clothing brand generates lawsuits. Do you think that PRL Corp won't hesitate to flatten you the minute your product hits the market? Figure out another way of naming your brand rather than a risky infringement.
  6. 1 point
    If you feel your medical records are not accurate, you have a right to request that the doctor correct them. 45 CFR 164.526. https://www.law.cornell.edu/cfr/text/45/164.526 The regulations include: --a procedure for requesting a change, --the time periods for a health care provider to respond to a request, --what health care providers are supposed to do if they agree with the request, --the bases upon which a health care provider can deny a request for a change, and --the procedural requirements for a denial.
  7. 1 point
    adjusterjack

    Diving Accident

    Good luck with that. Have you received your Darwin Award yet?
  8. 1 point
    Thanks guys. I couldn't get a hold of the Chicago Fire Dept. person in charge of this sort of information. (I got his voicemail and his inbox was full.) So I went to my town's fire dept. and talked to a super helpful and knowledgeable fireman. He said in the case of a 911 call, (and he said in the case of near-drownings lifeguards are mandated to call 9-1-1-) the fire dept./paramedics and police are notified simultaneously. But I think the solution to avoiding the police is the paramedics taking the near-drowning victim (a small boy in my story) to the hospital before the police arrive. I ran it by him and he nodded and said, "Load and go." He explained that "time-sensitive patients" don't wait for the police to arrive. So I think I'm good with my problem of keeping the police out of it. Many many thanks for all the help!
  9. 1 point
    PayrollHRGuy

    Diving Accident

    Then I believe you are done with any chance for a lawsuit. Title VIII LIMITATIONS Chapter 95 LIMITATIONS OF ACTIONS; ADVERSE POSSESSION View Entire Chapter 95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: (1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.— (a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s.713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (5)(h). (c) An action to foreclose a mortgage. (d) An action alleging a willful violation of s. 448.110. (e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss. (3) WITHIN FOUR YEARS.— (a) An action founded on negligence.
  10. 1 point
    When you respond to quotes, please don't add text into the quote boxes. It makes it difficult for readers. That all makes sense. Those types of wounds are far more likely than not to result from criminal type activity. Especially in states on the ocean or with significant lake shores and rivers, accidental "near drownings" probably happen with a fair amount of frequency, and reporting and investigating every one would probably impose significant burdens on hospital/EMT personnel and police. I agree. No one is going to say, "well....this otherwise excellent novel is marred because there is a near drowning without the police being called."
  11. 1 point
    You're not writing for follow writers. You're writing for people who want a good story. If not calling the police makes sense in your story, the reader will buy it.
  12. 1 point
    Just for clarity's sake, my opinion isn't any better or worse than any other anonymous stranger's opinion. With that said, I think what you're wondering is whether, regardless of the circumstances (including where the events take place), would a lifeguard or paramedics or hospital personnel call the police. The answer to that is absolutely and unequivocally no. The only reason to contact the police would be (1) if a crime were suspected; or (2) some law requires it. There are lots of circumstances in which a boy might "nearly drown" without any reason to suspect a crime. I'd be curious to know why the person in your writers' forum believes that the police would "have to be involved." To the best of my knowledge, the only time mandatory reporting is required is if the crime suspected is domestic abuse. There is no absolute rule that applies everywhere in the U.S. and regardless of circumstances that would require this. Concur.
  13. 1 point
    Not necessarily. I've read many stories and have seen much TV and movies were police aren't necessarily involved. However, if somebody calls 911, and paramedics are dispatched, it's likely that police will be dispatched at the same time. If the paramedics were dispatched from a 911 call, the police were likely already called. If, say, the paramedics came across a drowning boy, rescued him and took him to the hospital, it would be a matter of routine and probably mandatory procedure to radio for the police, too. Bottom line, though, it's fiction. You can write it any way you want.
  14. 1 point
    This South Carolina attorney's article appears to explain the law fairly well.
  15. 1 point
    Unless, of course, the will of the voters is unconstitutional and then he will fight for it.
  16. 1 point
    I was speaking as a realist. According to Wikipedia, at present there are 744 people on death row in California but the last execution was in 2006.
  17. 1 point
    RetiredinVA

    Successor In Interest

    Unfortunately, your medical condition is irrelevant. As a non-owner you are in no position to contest any irregularity in the foreclosure. You are simply a tenant and probably a tenant at sufferance. That means you are only a tenant until the owner decides to terminate your tenancy, which will probably not be long. You need to focus on finding someplace else to live.
  18. 1 point
    Previously practice in the courts in Northern Virginia for over thirty years. Practiced as a sole practitioner involving primarily: wills and estates; domestic relations; bankruptcy; personal injury; real estate litigation. Currently retired and living in Florida.
  19. 1 point
    adjusterjack

    Abandonment

    If you are a landlord and you waited 8 months to ask this question, you have no business being a landlord.
  20. 1 point
    Under federal law, it is generally OK to take those things into account in making a hiring decision. Those categories are not among the categories that federal discrimination law protects. Although you'd want to be careful that discriminating against candidates who apply from dissimilar climates/regions doesn't cross the line into national origin discrimination, which is unlawful at the federal level.
  21. 1 point
    See. You know more about the judge than anyone on this forum. Lawyers local to you will know even more.
  22. 1 point
    pg1067

    3rd degree retail fraud

    This article, published by a Michigan law firm, seems to do a good job discussing Michigan shoplifting laws. One additional point: If you were shoplifting in 2011 and again in 2019, most folks are going to assume that you were also shoplifting during the intervening time and simply avoided getting caught.
  23. 1 point
    LegalwriterOne

    3rd degree retail fraud

    I don't know what you mean by second chance but under section 750.356(4)(b) you are facing a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment. If you are asking whether a theft conviction will effect your future licensing or employment, the answer is it's very possible and probably likely. Consult a local attorney.
  24. 1 point
    There is no way to predict the outcome without being familiar with the sentencing judge's practices and policies. Any of the options you mentioned are possible.
  25. 1 point
    Call the health department to verify whether the blood is a health code violation. I wouldn't think it's a hazard as long as you don't touch it. That the LL didn't sign the lease doesn't matter. You signed it and you are bound by it. He doesn't have to let you out of it. Illinois doesn't have much by way of landlord tenant law but what it does you can read at: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62 Scroll down till you get to it then study up.
  26. 1 point
    Tax_Counsel

    Same name usage in logo

    PRL Holdings has registered the stand alone mark "Polo" along with "Ralph Lauren Polo" in a number of areas that relate to fashion, not just clothes, but all kinds of accessories, watches, software related to fashion, and more. While there are firms that have registered the name "Polo" alone or with other words in very different industries totally unrelated to fashion, you are very likely to trigger a very expensive trademark fight with the company if you use that word connected to anything having to do with fashion, and particularly with selling clothes, and you may well lose that fight. I think there is a very good chance the company could show the public would be confused and think your product was related to theirs. Before you start selling your stuff with that name, I strongly suggest you consult a trademark lawyer first. You could find yourself liable for huge damages if you are found to be infringing on their mark.
  27. 1 point
    You are a special ed math teacher. How about you teach math.
  28. 1 point
    pg1067

    Serving Paperwork

    Mailing the papers to you is serving them. Once parties have appeared in a case, service can generally be done by mail.
  29. 1 point
    What would possibly make you think this has anything to do with the Americans with Disabilities Act? Certainly your post provides no reason to think it has anything to do with it. If the company agreed in advance to pay the $150 in expenses associated with your interview and hasn't done so, you're free to sue in small claims court. You missed one -- in the second e-mail quoted in the original post.
  30. 1 point
    Yes, I've removed names, phone numbers, addresses, and email addresses from the OP. Please continue the discussion.
  31. 1 point
    Have you contacted your CC processing provider? If not do so.
  32. 1 point
    RetiredinVA

    Upset

    Report the assault to the police and the principal.
  33. 1 point
    pg1067

    Juliano Fernandes needs advice

    Protect it from what? What does "extra warranty" mean? It implies that you already have a warranty and are considering some sort of additional warranty. Is that right? Rather obviously, whether any sort of "extra" or additional warranty is or isn't a good idea depends on what the existing warranty covers (which you didn't tell us), what additional coverage the "extra warranty" will provide (which you didn't tell us), and what concerns you have about the car (which you didn't tell us). This post also does appear to raise any legal issue.
  34. 1 point
    Not everyone has access to pediatric specialists. We took her to a children's hospital for the very reason no local physician was trained in pediatric neurology. We see the doctors every 6 months. That's why she had a medical plan to follow. There is no reason to go see the doctor when they gave developed the medical plan for that very reason.
  35. -1 points
    pg1067

    Poppy Superbloom Captive

    This post has nothing to do with how to do legal research. The entire country? LOL! It's not the entire city that was cut off. It was access to Walker Canyon. Not correct. Sure. Hire a lawyer and file a lawsuit and seek a temporary restraining order.
  36. -1 points
    This is an old topic so I hope you got this settled peacefully. But if not here’s what we did: Go back to court and ask your order to specify that no negative comments and parents not alllow negative comments by 3rd parties. You can print out harrasing emails/texts from Stepmom and slap them on attachments to a declaration that asks for all communication between mom and dad only on Talking Parents (which is a court approved online communication forum) unless it’s an emergency. This won’t stop Stepmom from butting in but this is the only site that the courts consider leagslly reliable and you can download and print out messages (they are marked read once a parent opens them) to use in court if necessary. Yes each parent has the right to consult step parents, but communication must be between mom and dad, and it’s up to you to fight for that boundary. Yes using online communication is a pain but when stepparents don’t understand boundaries, it’s necessary. Also, no one can bully you if you don’t let them. Stay firm and don’t pay for more than anything you are court ordered to pay unless there is a respectful communication from dad and you are allowed to pick up your son too. Lastly, see an experienced family therapist who specializes in parallel parenting (for high conflict situations where co parenting isn’t working) Our Family therapist has been amazing for my husband and I and has given us guidance on how to minimize any damage to my stepdaughter from our side since we have No control over Mom and Stepdad’s behavior. Good luck
  37. -1 points
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  40. -1 points
  41. -1 points
    Hi! I took out the extra policy and glad i did--My car broke down and it came in handy. Thanks Kreshay Caswell
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