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RetiredinVA

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Posts posted by RetiredinVA


  1. It is called a slip-and-fall.  Recovery of substantial damages  is a long shot.   Statistics I have seen indicate a probability of recovering damages for pain and suffering in the range of one in three cases.  The problem is proving the hotel management or maintenence department was aware of the unsafe condition and failed to  exercise ordinary care to prevent injury to others. The oil may have been leaked by the person immediately prior to your arrival. 

     

    Having a witness to the fall is nice, but you need to have a witness to the condition prior to the fall who pointed it out to management or who can give some evidence that the problem existed for a significant time and should have been noticed.  That is hard and the expenditure of assets to find such a witness is usually only worthwhile if there are extensive damages.

     

    However, most substantial companies have coverage for medical expenses that occur on the premises regardless of negligence.  You should  notify the manager of your apparent injury and request it be reported to the hotel's insurer.  Detached retinas can be repaired.  Good luck. 


  2. Your son's first step, of course, was to report the incident to his own insurer.  Regarding the rental: eventually the liable driver's insurer will have to pay the reasonable cost of the rental fees your son has paid.  In other words, if he hasn't rented a substitute vehicle, he's not going to collect rental fees.  The value your son may recover for his vehicle, assuming it is totalled, will be limited to the Blue Book value, not his or your opinion of its worth.  The insuer is under no obligation to settle promptly with your son.  If he feels he is being unfairly delayed his option is to file suit against the other driver.

     

    I doubt any attorney  would take the case and that your son would want to hire any attorney.  This is a property damage claim, and the recovery is limited to the actual damages.  Whatever would be paid to the attorney would reduce the recovery of actual damages.  Clients usually will not accept that, nor will attorneys.


  3. Actually, the poster wasn't pumping gasoline.  He or she was having their propane tank refilled.  I suppose that would require an attendant, even in California.  I would be a little surprised, though, if the attendant wouldn't have questioned the wisdom of refilling a tank that was obviously topped off.  You can pretty much determine how empty a propane tankis by just lifting it.    Since refilling a propane tank requires labor, as opposed to pumping gasoline, I would think it may not be unreasonable to impose a minimum charge.


  4. This is slightly off-topic.  This thread triggers my memory of some clients who thought they were getting away with something by not reporting and paying taxes on under-the-table cash income.  I would ask them what they intended to do when they reach 65 years of age and find they are not getting social security.  From my current perspective, as a very senior citizen, I look back and feel sorry for the short sightness of youth.  There is always a price for gaming the system.


  5. If it was that easy and lucrative, I can guarantee you there would be lawyers all over these cases.  Also, if it were that simple, why would they need you? Dealing with a client whose hobby is harassing the local sheriff with hundeds of trivial records requests would be a non-starter in my case.


  6. If it was that easy and lucrative, I can guarantee you there would be lawyers all over these cases.  Also, if it were that simple, why would they need you? Dealing with a client whose hobby is harassing the local sheriff with hundeds of trivial records requests would be a non-starter in my case.


  7. Landlord-tenant law is defined by the state where the property is located.  Landlord rights in commercial cases are usually much broader than in residential cases.  As far as I know, no one participating here practices law in Michigan and would be familiar with Michigaan's landlord-tenant laws.  Even if there were such a person, he or she would be treading treacherous ground in advising you to perform a self-help lockout or eviction.  If you intend to continue as a commercial landlord, you should find an attorney knowledgeable in the area to prepare your leases and assist in evictions as necessary.


  8. The preliminary hearing is not a trial.  The burden is on the prosecutor to show there is probable cause to charge the defendant with a crime.  The defendant has no burden to prove anything and asking why someone else was not charged is a pointless and irrelevant question.  Whether or  not your "friend" is charged has nothing to do with your guilt or innocence and would probably be objectionable at trial.


  9. Lett me see if I understand this.

     

    The post involves a "divorced man" and a single woman.  Why is the man identified as a "divorced man"?  Is there some sort of romantic involvement that is not further discussed?

     

    Anyway, this man and woman have conceived of a way for him to buy a property using his money and her credit score.  So they apply for the mortgage  and (fraudulently?) claim she will be responsible for payment of her share of the mortgage.  Once the mortgage is granted and the property is purchased, the man asks the woman to turn over her interest in the property since she will not be paying any part of the mortgage.  The woman feels that since her credit score was used she should be entitled to one half interest in the property.  Since the man does not believe the woman is entitled to any interest in the property he threatens to stop making payments on the mortgage.  This will eventually result in foreclosure on the mortgage.  At that point, a family member of the man (who would not help him buy the property in the first place) will buy the property and evict the woman.

     

    If the mortgage is foreclosed, the poor woman will lose her entire investment in the venture and will have her credit score destroyed.  She will also be rendered homeless since she will not be able to return to the home where she lived prior to her participation in this scheme.  Because the man has destroyed the woman's credit score and has thrown her out onto the streets of San Bernardino, along with all the other homeless people already there, he should be arrested and thrown in jail.  Of course, he won't be thrown in jail if convicted but will be branded as a "person previously involved in law enforcement."

     

    Have I left something out?


  10. 23 minutes ago, Jessica said:

    If he is the father, does he have to pay back child support and can he give up all parental rights with no child support?

    He would have to pay child support from the date when the mother filed the petition for child support but not before that.  No, he cannot give up his responsibility to support his child because he doesn't want to.


  11. If you really want to get this cleared up without going to court, it will be up to the officer.  He or she can inform the judge at the hearing that you are now in compliance which may result in the matter being dismissed or no-papered.  Contact the officers and ask them.

     

    In making these suggestions,I am assuming your registration and insurance were only recently expired.  If your registration and insurance had been expired for years that would be a different story.


  12. Yes.  The second ticket will probably be dismissed.  However, you need to either attend the court hearing or contact the second officer and show him you promptly complied and he or she may agree to ask it be dismissed.  Depending on how long your plate was expired you may also get the first ticket dismissed on compliance if you go to court.


  13. Yes.  The second ticket will probably be dismissed.  However, you need to either attend the court hearing or contact the second officer and show him you promptly complied and he or she may agree to ask it be dismissed.  Depending on how long your plate was expired you may also get the first ticket dismissed on compliance if you go to court.


  14. The fourth amendment does not prohibit searching a person's purse pursuant to a custodial arrest.  The officer's police report is not a legal document and the officer can write anything she wants about the incidents of the arrest.  Was the medication in your purse that you "tried for your ADD" prescribed bu a health care provider for that purpose?  Why would you stop on the road and call 911 for an ambulance to take your son to a mental health facility?


  15. You did not identify your state and the procedure is state dependent.  First, any property that is titled must be transferred into your father's name.  If the estate is small, there may be a simple procedure for doing so.  Then your father just signs the title over to you.  If there is property that is not titled, like furniture, there should be no procedures required.  Real estate is much more complicated.

     

    Cost and difficulty depends on the state and value of the estate.

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