By | September 20th, 2013

QUESTION: My son has a well known and documented milk allergy. Preschool served him milk and he suffered allergic reaction. I was told that his normal preschool teacher had to leave and did not pass on the information he cannot have milk. His eye swelled and he began to cough and develop hives, however they gave him Benadryl which eased the symptoms and did not need to give his epi pen. What are the legal ramifications of this? He could have died! They didn’t realize what happened until 45 minutes.

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By | September 10th, 2013

QUESTION: Can I take my dentist to small claims court for using a bonding agent I told them I was allergic to?I went to the dentist to fix a filling. I told them at the beginning of the appointment that I was allergic to acrylic. They used a bonding agent with that ingredient in it which caused a violent infection to spread under that tooth and caused my jaw and mouth to swell. I was sent to the ER to get antibiotics and pain medication and I had to call.

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By | September 10th, 2013

QUESTION: I went to a hair salon to have my hair pressed and the salon artist burned out a large chunk of my hair in the back of my head. I called to talk to her about it, but all she does is apologize. Then she tells me that she can only offer me $50 a month. She also tells me sob story wherein she knows that it could happen because she recently had a stroke a few months ago and sometimes it’s hard to control her right hand. Can.

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By | September 10th, 2013

Ordinarily the burden of proving negligence is on the plaintiff. An exception for this is the doctrine of res ipsa loquitor wherein the burden effectively shifts to defendants to absolve themselves from responsibility or to show that some other defendant or event caused the injuries provided that certain conditions are met. As a general rule, res ipsa loquitur is ill-suited to slip-and-fall cases. No inference of negligence can arise simply upon proof of a fall on the defendant’s floor. This is so even when the fall is associated with a.

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By | September 10th, 2013

QUESTION: Do I need a personal injury lawyer for bicycle crash, when I’m unemployed and uninsured? I was involved in a classic right hook from a motorist. I was riding my bicycle down the sidewalk because the road was too dangerous to ride on the street. It was going downhill with no available bike lane, during rush hour. As I was riding down, the motorist took a right turn, and signaled into the parking lot last minute. I panicked, applied my brakes which propelled me off my bike in hitting.

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By | September 10th, 2013

QUESTION: Can I sue a company if I get SSI/SSA? I was told that I cannot sue anyone if I am receiving social security. ANSWER: Under the “collateral source rule,” medical benefits and any other injury compensation received by plaintiff from sources wholly independent of defendant (e.g., under plaintiff’s health, disability or accident insurance, or social security or disability benefits) are not deducted from the damages otherwise recoverable. Defendant is not entitled to an “offset” for plaintiff’s “collateral source” compensation (e.g., medical bills paid by others) and cannot introduce the.

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By | September 10th, 2013

QUESTION: I was at the vons store and my 6wk baby needed a diaper change. I went to the restroom and they didn’t have a diaper changer. So, I put the baby on the floor and I was on my knees for 15 minutes while changing her clothes and pampers. Now my knees and back hurts. Can we open a case or not. ANSWER: A case may be opened provided that negligence on the part of the store is established. Where a negligence action is predicated on defendant’s violation of.

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By | September 5th, 2013

QUESTION: I used a fake ID to obtain a bracelet to enter a 21+ area in a concert and I was not under the influence of alcohol when I was caught. I’m not a minor and this is my first time to get caught. How much will I be charged for possession of a fake ID? Is it possible to not be charged and just do community service? My ticket said misdemeanor. ANSWER: ‘Various statutes impose specified “penalties” for proscribed conduct, either by way of a fixed sum or a.

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By | September 5th, 2013

QUESTION: I went to get a permanent hairdo at a large salon. In the process of getting the perm, I got a severe chemical burn on my neck and I had to go to the doctor. He wrote a letter confirming the injury. I also went to about 6 therapy sessions and have been to the emergency room twice for illness that I believe were associated with the burn. Now that is almost all behind me and I am not sure how to proceed. I have not gotten a lawyer,.

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By | September 5th, 2013

QUESTION: We had no heating on January 31, 2013. On February 1, 2013, we called and scheduled a visit from a heating and air conditioning company. They said there was not enough electricity and that we need to call an electrician. We did. The electrician said that the problem was a circuit breaker, left to get one, and came back. He installed the circuit breaker, and the house caught on fire as soon as he changed the circuit breaker. Can I sue the electrical company for the electrical fire? ANSWER:.

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