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Han Solo posted:Earlier today I used my perfect pull ups (they are a pull up bar and handles that you install into your door frame.) As I was doing my first or second pull up, the handles both snapped. I fell on my back and my head whipped into the tile floor. My toe is also killing me but thats no biggie. I'm pretty sure I have some kind of concussion. I didn't get knocked out but I started feeling very weird afterwards and my vision became very blurry for a while. Now I just have a bad headache and I feel like crap. Its taking me much longer than normal to write this. I would go to the hospital but I know there's no point. I've had this happen to me before in rugby games and the hospital does nothing but tell you that you don't have internal bleeding and then charge you a ton of money. Do I have any legal basis to sue the perfect pull up company? I understand that accidents happen as a result of normal living that are no ones fault and I don't like to go around blaming stuff on other people but I only used these pull ups because I thought they were safe and now I have another concussion. I live in New York. If this situation is what is referenced by rule 5 in the first post, forgive me. I disagree with some responses, and agree with others. The biggest problem you have is a lack of damages. You didn't go to an urgent care facility (the ER is not meant for this type of injury), and have incurred no medical bills. So your ability to point at something and say "this is how i was harmed" is limited to the cost of the pull up bar. I am not saying that your head injury isn't worth anything, but without those bills it becomes speculative and difficult for an attorney to deal with. Even if you had them, understand, as someone above pointed out, that unless the value of your case is a certain dollar amount, it will not be worth your or the attorney's time to deal with it. Do you want to spend 5k in order to recover 1k? This is an area of law i deal with quite a bit with all my friends who ask me for legal advice; they have a good claim, but they either haven't been harmed, or they just don't have the damages sufficient to make it worth the time. Might be a longshot, but is there any homeowners\renters insurance you are covered by? Understand that nothing in here should be constituted as legal advice, you should consult an attorney in your area to determine what your rights are.
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Mar 11, 2010 01:41
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dennyk posted:Paid time off is not required by law, so paid leave policies are entirely up to the company. In many states however, if they offer PTO, they are required to reimburse you for that value if you leave the job. Many stores like staples, office max, etc sell a $12-15 book that outlines that states' HR policies. If you are that concerned about it you can probably just pop into the store, and read up on it without even buying the book.
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Jul 22, 2012 22:10
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SkunkDuster posted:I'm not currently in a lawsuit, and I don't plan on filing one, but I am curious about jurisdictions. 542.09 OTHER CASES; DEFENDANT'S RESIDENCE OR WHERE CAUSE AROSE; CORPORATIONS. All actions not enumerated in sections 542.02 to 542.08 and 542.095 shall be tried in a county in which one or more of the defendants reside when the action is begun or in which the cause of action or some part thereof arose. If none of the parties shall reside or be found in the state, the action may be begun and tried in any county which the plaintiff shall designate. There is more but it deals with corps. Just as a side note if you want to look into this further, the buzz word you're looking for is 'venue', jurisdiction deals more with whether or not the court can properly have the parties (e.g. suing someone who lives in spain and has never been to the us) or the matter (suing in state court for matters expressly claimed by the federal government) before it. Im not a MN or WI attorney. Taken from https://www.revisor.leg.state.mn.us/statutes/?id=542&view=chapter#stat.542.09 Also: http://www.mncourts.gov/selfhelp/?page=313 for info re: small claims, or called Conciliation Court in MN.
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Jul 23, 2012 16:54
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SkunkDuster posted:I'm still not clear. In simple terms, does that translate to "tried in Wisconsin, where the defendant currently lives, or tried in Minnesota County C, where the tax preparation actually took place"? The operative language of the statute makes that determination at the time of filing the lawsuit. So if you file tomorrow, and the Defendant lives in WI, it seems venue is proper wherever you file it in MN (where you live). I am not an WI or MN attorney, and I did not look that deeply into whether or not there are specific venue\jurisdiction issues when it comes to small claims.
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Jul 23, 2012 18:07
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entris posted:Pretty sure he can't evict you - only the landlord can do that. If you keep paying rent, you can stay. Crappy situation though. Technically incorrect, only a court can evict. The landlord is the party who can initiate that procedure (lawsuit). The big risk is that you both are on the lease and both are most likely responsible for the full terms of the lease. If your ex trashes the place and vanishes, you are on the hook for the full amount of rent and repairs. This is something ive seen happen in similar situations.
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Jul 23, 2012 21:39
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Killy posted:But if he does that can't he be sued, too? Yes. Im not trying to get bogged down in specifics of your situation, but just wanted you to be aware you are on the hook for the full terms of the lease (the terms of the lease may say different, but I doubt it). I've had people say that "ive paid my half, so im in the clear", or they say "the other guy did all that damage, it wasn't me" and then I have to tell them that's not how it works.
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Jul 23, 2012 22:10
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Reason posted:This is regarding debt collection in Washington state. You need to consult an attorney experienced in these matters. I have dealt with this issue before (not in WA) and you need to understand that debt collection agencies rely on intimidating and harrassing people who are ignorant of the law and what their rights are. ed: beaten, ^^^post above was right on,
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Jul 26, 2012 18:15
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SkunkDuster posted:What about a hypothetical situation where a guy gets a girl pregnant under the bleachers at a football game. They lose all contact after this, then she shows up 15 years later with a paternity test and a child support case. Would child support generally start at this point, or would he owe 15 years of back support? It depends(TM) on the state, but the mother can ask the Court for retroactive child support.
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Jul 26, 2012 18:36
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Added Space posted:Unless your girlfriend signed something that gives them a return period, nope. She disclosed, they paid and took possession of the merchandise. At that point the transaction is legally finished and there's no backsies. Not to mention the op makes it sound like they put the reseller on notice about the freezing and apple's inability to duplicate in writing via email.
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Jul 30, 2012 17:00
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guarded by bees posted:So I can legally terminate the lease without the other party knowing or consenting? That was what she told me I cannot do. I can't believe I just bought it, I didn't think she would lie. Great. I believe your landlord is correct. The other option I haven't seen discussed, is to have your landlord terminate. Since the lease is month to month she can do so on 30-60 days notice.
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Jul 30, 2012 23:05
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Queen Elizatits posted:Do you have any kind of cite for that for California because I am pretty sure you are wrong. Also you didn't really read what she posted. CCC 1945 and 1946.
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Jul 31, 2012 01:36
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CaptainScraps posted:Hahahahahahahaha. No. Generally correct, but still worth investigating the nuances in your state. The classification of the debt may change based off the use of community funds to pay off the debt, the benefit conferred to the community as a result of the debt (degree, job, better salary), and the use of any of the seperate property debt money for community necessities (e.g. food.) I bring this up because it seems odd, based on what op said, that the attorney would say that the creditors could come after her.
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Aug 13, 2012 17:53
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kriminal posted:I had a DWI in march due to refusing a breathalyzer for a first offense in Texas. Just a point of clarification, do you mean you were cited for dwi or convicted?
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Aug 14, 2012 01:32
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kriminal posted:cited, but drat do they always try to go for maximum? It is curious to me why your dwi is being prosecuted as a felony and not a misdemeanor. Either way you need an attorney you. I am not your attorney and this is not legal advice, but my thoughts are the DA is trying to take advantage of the fact you are unrepresented. A first offense dwi with no breath or blood seems more like suspended license territory than jail time. If you really can't afford an attorney ask the Court for one at your hearing. And yes, prosecutors posture all the time, how much of the offer is posture or real based on the facts of your case I can't comment on, since I am operating of bare minimum detail. Even more reason why I cannot stress enough for you to get an attorney.
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Aug 14, 2012 02:35
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ReD_XIII posted:Really quick/vague question that I know depends on state laws. Someone recently told me that when 2 people get divorced they only fight over "marital property" or things that happened/assets that were obtained after the marriage. They said this is why Mark Zuckerberg waited until after Facebook went public to get married. This challenged my limited understanding of divorces as their are depicted in the media (which has never ever gotten the law wrong.) I don't need a long drawn out explanation of the subtleties of divorce laws, but is the marital property thing true? Yes. The term is "community property" and it only applies in a handful of states. It stands for the proposition that anything gained after the beginning of the community (marriage, civil union, domestic partnership, etc.) is presumed to be belong the community. When the community ends (death, divorce) each spouse has a 1/2 interest in the community. In the event of divorce, it essentially means all assets have to be split evenly (lots of caveats of course). I am hesitant to accept the Zuckerberg thing as trying to get around community property, because a prenup could have accomplished what he did through timing of the marriage and acquisition of FB stock. But I'm just yapping thoughts on that point.
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Aug 16, 2012 16:33
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Incredulous Red posted:#3 isn't really an effective shield if the guy buying the car has no assets, right? Indemnification agreements come in all shapes and sizes, and can/do include a lot more than "you pay me back for defending a lawsuit."
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Aug 21, 2012 01:47
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nern posted:yeah, we did call and file complaints with the housing inspector/building code places and filed a report of health code violation. the thing is, all this stuff started up after being in the property for only a couple of weeks and the problem have just kept coming over the last month. we just reached the point where even though it is terribly inconvenient to move again, we just don't really have any choice. we are busy people with a tight schedule and two children, we can't live someplace where they are going to be in and out constantly doing repairs and where there are disease risks with rodents and flies. if the landlord did decide to take us to court; i just don't see how any judge could rule against us. i mean, what are we supposed to do, just stay in a filthy place that was not as advertised and is in complete disrepair dealing with an absentee landlord (he lives in Florida and has ONE maintenance man for 30 properties)? Besides, its not like we have any money he could get from us, we don't have any income (we live off of student loans) so there's no wages he could get garnished, etc. i am just personally really upset that he would be dick about it, because we are being nice letting him know we are leaving and offering to pay the half month's rent before moving out when we could probably try to sue him for misrepresentation of the property or something like that. Not your attorney, don't know PA law (specifically). The following is not legal advice and I am not your attorney, it is rather the result of some quick research that you are free to use or not use as a starting point. I strongly suggest you consult a local attorney to verify any of the below information because I am not representing it is current. PA appears not to have a statute on the books that defines "habitability." Most states do, and the issue is that what renters tend to think of "habitability" is not what the law does. The law is usually geared around working plumbing, electricity, doors, etc... not matters of convenience like clean rugs, uncracked windows, blinds, etc. Instead habitability in PA is defined in Pugh v. Holmes, (http://www.ourturn.net/pdf/Pugh_v__Holmes.pdf) which uses an implied warranty of habitability. This implied warranty is affirmative defense, meaning it is something you will have to prove if you get sued and have to go to Court. It basically requires that the landlord make the residence fit for habitation, which is defined in the above case (more or less, there may be subsequent case law). My advice is document everything. Take pictures of droppings, rat holes, scratch marks, the entry point, foot prints, dead carcasses, flies, etc. Send letters to your landlord, saying 1) you reported the problem, 2) the landlord has had enough time to fix it, 3) the steps he has taken have not fixed the problem. Document how you have small children and the rodents present a obvious danger to their physical well being from attack, as well as disease from droppings, decaying carcasses, flies etc. My biggest concern is whether or not your situation rises to the level of rendering your place uninhabitable for not being "safe and sanitary" (or other basis.) I did not look into that issue and am not representing that the situation you described would be sufficient in court to prove an unsafe and unsanitary living condition. I will repeat this is not legal advice and I am not your attorney. Please consult a local attorney in your area. If you are students and your school has a law school you may also want to pop over and see if a professor will give you some guidance.
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Aug 21, 2012 17:05
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And then the economy rebounds, you are an 8 year attorney averaging about $250k a year, and a couple years off from being an equity partner. Meanwhile non-lawschool you is still making 40k a year. Man I love hypothetical wars.
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Aug 21, 2012 21:32
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nern posted:edit: It has become apparent that I am wasting my breath is actually attempting any sincere dialogue with you people. I shouldn't have bit, I have been trolled... The All New Legal Questions Mega-O-Wamma: Now with 45% more unemployed attorneys on welfare.
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Aug 22, 2012 00:19
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MJP posted:My question: can I sue in small claims court for failure to uphold the warranty for the purchase value of the laptop? Or do warranty matters have to be handled by a regular civil court? Small claims court is more a matter of how much value you are alleging you have been harmed. Typically the issue is the company is not honoring the warranty, you have to go to a third party to fix the issue and that work will cost you x dollars. If the company is honoring the warranty, and continuing to fix the problem, I don't know what your economic harm is. Granted you have been denied use of the laptop but that is more an inconveience unless you can articulate how that inconveince has harmed you monetarily. The alternative is looking into if your state has lemon laws and if they apply to computers.
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Aug 30, 2012 16:55
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reyalsnogard posted:In court, what is the admissibility of a self-reported move-in checklist that was not signed by the landlord, not even signed/initialed by the tenant *boggle*, and electronically returned via timestamped fax 45 days after the lease began? This checklist has a legalese timeframe (7 days) before Tenant "accept[s] full responsibility". Who created the document? Who sent the document to who? Which party is it being offered against? Was it produced in discovery? Has it been authenticated? Is any party disputing any part of the document? Is this document seperate or part of the lease\rental agreement. What state? From the above it sounds like the landlord gave a tenant a move in checklist that later was filled in, then sent back to the landlord via facsimile 45 days after the lease began. In the checklist is a clause that gives the tenant the ability to (I presume) identify issues with the property within 7 days or accept responsibility of the condition of the property. The document is unsigned. This about right?
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Sep 6, 2012 20:04
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reyalsnogard posted:I surmise most accidental tenant damage -- beyond neglect -- stems from moving in and out. If the checklist was returned after moving in (and after a month-and-a-half of occupancy) what impact can/does a belated checklist have in muting any tenant claim to "pre-existing damage" prior to their occupancy? Quite a bit depends on your state's evidence code. If it's being offered against the landlord I don't know if you can get around the hearsay rule.
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Sep 7, 2012 01:37
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iSheep posted:Hm. Any way I can find out if a road is public or not? We have a similar situation in CA, where all beaches are public but the rich and famous have bought large blocks of private land that make defacto private beaches. Access corridors that are supposed to be open by law are closed, blocked or otherwise not accessible. Local police supports the residents because they are rich and famous, which means that it often ends up being the CA coastal commission or other public interest group taking on the homeowners and or demanding enforcement\compliance with the law. http://www.utahlakecommission.org/5.1_Recreation.pdf seems to indicate there are public access routes available at mile marker 13 and 19. It is one thing to have these access routes available and not use them, but it is another to have the access routes blocked and/or inaccessable. ed: but without more, no you cannot access private land to reach a public destination. The above presumes you are going to the lakeshore for gun firing.
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Sep 10, 2012 18:51
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Sounds fishy. Seems like it was something they would have sorted before they shipped. Did you check with your new employer to see if the shipping company billed them for shipping 2 cars?
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Sep 13, 2012 01:04
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QuarkJets posted:That's a good question; I have requested that they send me digital copies of the relevant paperwork and a copy of the invoice that was sent to my employer for the two vehicles. I will be able to compare all of that to my personal records when I go home this weekend (from a work trip) It did strike me as odd that they would make this claim after shipping the car. Seems like they are trying to minimize their loss due to the damage done.
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Sep 14, 2012 00:21
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CaptainScraps posted:If you can afford A) The filing fee and B) The service of process you don't need that $70. Don't forget judgment enforcement... i'm going to guess he has no real property to stick a lien on, so that means money to the sheriff or other enforcement mechanism. Of course if your state has a high interest rate on judgments...
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Sep 14, 2012 23:07
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corded ware culture posted:Last week my roommates and I went away on vacation while our property management did an 'occupied renovation' on our townhouse. When we came back from vacation my roommates discovered many items stolen, mostly shoes and clothing, but also some electronics. We filed a police report, notified the property management, as well as their corporate management. I personally spoke with the contractor foreman who told me that tile is subcontracted and they are left alone in our unit for up to two days to complete the work - mostly unsupervised. Was there notice of the rennovation\entry of your unit? If so what did it say? What does your lease say about entering the property? Did the police report definitively state no forced entry found, or did they softball it? Were there pictures taken before or after? The only hole I see is linking the alleged theft to the actions of the landlord. What if they claim that whatever was stolen was done after the rennovation work was completed? Can you dispute that? What state are you in? Generally I think your action would be against the landlord, but the issue is how can you tie the theft to the rennovation work, and not something that happened before or after.
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Sep 19, 2012 21:40
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ed: beaten ^
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Sep 20, 2012 00:16
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DuckConference posted:I have a question about liability release waivers for sporting activities like rock climbing/caving/volleyball. I generally sign these without much thought because you have to, and also because I've heard that they don't actually work in most jurisdictions and an operator would still be liable for damages if they were negligent. Is this true? In america you cannot generally disclaim negligence. Those types of releases are better served for proving that the person was put on notice of the dangerous activity, which can be used as a defense to intentional torts.
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Sep 21, 2012 18:50
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areyoucontagious posted:A cover-my-rear end question: Although it would appear your backyard fits in the definition of "Archery Range" it seems the rest of the ordinance is more geared towards some sort of business thereto. However, from a strict reading of the ordinance, I would say your backyard qualifies. ed: Cant seem to link directly, just search 'bow and arrow' code:§ 4-3-41 DEFINITIONS. In this article: (1) ARCHERY CLUB means a non-profit organization, sanctioned by a national or state archery association, composed of archers who meet to engage in the sport of archery. (2) ARCHERY RANGE means a facility where archery is practiced, excluding an archery range limited to the use of toy bows and soft rubber tip arrows. *** § 4-3-43 PERMIT REQUIRED. A person commits an offense if the person conducts or operates, or permits another person to conduct or operate, an archery range or shooting facility on property under the person's ownership or control, without a permit issued under this article. ***
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Sep 25, 2012 21:12
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SlayVus posted:I was the 2nd post on the last page, thought I might requote myself. I could use some advise about this as I don't want it to happen again and I want to clear up my current credit "history". Have you registered for at one of those sites like freecreitreport, experian or whatever. You can also dispute the issue from there. Since you've been a victim, you might want to consider ponying up the monthly fee to keep an eye on it. Otherwise I think you can request 2 reports a year for free. Don't quote me on that.
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Sep 27, 2012 06:11
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Next thread should flood the op with basic legal info. I feel like the same issues constantly arise in the thread, landlord\tennant\roomate is probably #1.
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Oct 8, 2012 18:09
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Need them numbered so we can simple post "1, 3, 4"
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Oct 9, 2012 00:14
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And My Fax! posted:Ok, thanks. Considering pleading no contest makes no difference in how much I pay and there's no chance of a civil suit, I'll just plead guilty to have the best chance that my plea is accepted and this doesn't go any further. Not your lawyer, not legal advice, but I don't know why you'd ever plead guilty when you can plead no contest. You need to check your state's laws about how it classifies no contest (nolo contendre). Ever fill a job application where it asks if you have ever been convicted of a misdemeanor of felony? Get ready to answer yes if you plead guilty, or risk getting fired if you say no and the truth comes out. Also if this letter is coming from the dmv, you should contact the dmv and ask them if paying whatever amount is listed in their letter to you will completely resolve the issue. My concern is that you failed to appear in court, and that is a problem the court has with you. The fact that the court also reported it to the dmv may not affect the underlying issue that you still have to appear and explain to the Court why you failed to appear, and then plead your case regarding your ticket.
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Oct 16, 2012 23:11
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And My Fax! posted:I mean as opposed to seeing me in court. If I give them their money, I don't think they will want to spend more time on me, which is what I thought xxEightxx was implying. Where Im from them want you in court because they will tack on court fees to your ticket. :\
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Oct 17, 2012 00:30
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porkfriedrice posted:Yeah, talking to the firefighter probably wasn't too smart. Panic I guess. Can a third person statement like that be used as evidence? That's pretty much all they would have, seeing as the blood test will probably be pretty clean since it was several hours after the incident. They can calculated your blood alcohol content based on scientific numbers that it takes x long for alcohol to leave your system. Police routinely do this if they arrest you for dui, but dont test you until you get to the police station. And yes the statement can be used against the driver.
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Oct 19, 2012 23:51
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wheez the roux posted:Here's a question: Check the lease, is there a clause that says something to the effect that any prior oral or written communications regarding the terms of the contract not mentioned in the actual contract are not valid or to be considered?
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Oct 23, 2012 21:26
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areyoucontagious posted:Regarding the dog issue, what if the neighbors try to argue that the fence was improperly maintained, wood was rotted, whatever, and thus the fence owner contributed to the death of the dog? Just curious, that might not matter at all. Not legal advice, not your lawyer. I don't see a claim for negligence succeeding. Neighbor would have to prove that you owed him a duty to build, maintain, and payfor a fence to keep his dog out of your yard. However, CA does have certain laws regarding fences. Generally, the purpose of a fence is to keep things from getting out (think livestock) not to prevent outside things from getting in. If there are facts that there was a joint effort by both of you to pay for and maintain the fence, there may be an issue if that fence was not properly maintained. That would be fact specific, and I won't go speculating as to all the variables that may influence that issue absent further information from you.
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Oct 26, 2012 18:23
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Cocoa Ninja posted:Any advice on what she should put down? What law was cited on the ticket.
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Nov 13, 2012 02:00
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Cocoa Ninja posted:21456(b)vc. Not your attorney, not legal advice. Presuming your wife did not make statements to the officer to the contrary, only argument you have is that she started to cross when the crossing signal indicated walk. Due to the police officer's vantage point and the how fast the crossing signal changes from walk to flashing don't walk, it is easy to make a mistake. Go back to the scene, take some measurements of how long the signal displays walk until switching to don't walk, and mark where the police officer's vantage point is and see if you can use those facts to bolster your argument. Call the police officer a police officer, not a cop. Any discussion about the spirit of the law, or the "real" purpose of the law won't get you anywhere. For every argument about the lack of any hazardous situation from the crossing, or a the fact that LA needs money because it just voted to kick a billion dollar industry out of town, can be met equally by an argument about the cost to the Fire dept. scraping body parts off a roadway, and crime prevention, since theieves often jaywalk you see.
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Nov 13, 2012 19:10
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