QUESTION: Can I charge this person with assault? I’m in high school and this girl has continuously been threatening to hurt me physically. I am too mature to lower down to her level so I just ignore her but it’s been going on since last year. We did contact the school to have the problem resolved but they did nothing. There are many witnesses who have seen and heard her threaten me. I believe that according to penal code 240 it is an assault however I am not sure of.
QUESTION: My 5 year old daughter fell off the monkey bars at her school during recess and broke her arm, can I hold the school liable? My child started kindergarten on Monday, August 12th, and was playing on the school playground during recess on Wednesday, August 14th. She fell off of the monkey bars and broke her arm, and now is not able to go to school with this cast on since she is unable to use the restroom by herself, unable to write and unable to open food items.
QUESTION: My friend less than a month ago stepped on my glasses which was prescribed to me. I told her I just got it recently and that I need her to pay to get them fixed or else I would fix it using her money, however, she refused to pay. I’m having a lot of trouble seeing. I have to wear my glasses 24/7, and I’m having headache. It’s terrible and I need my glasses but she refuses to pay me. Can I sue my friend even though the cost.
QUESTION: I was injured at a gym under instruction due to their equipment. Should I sue? I was taking an acrobatics class and was told by the instructor to execute a flip. I landed as instructed, but the pad the instructor provided didn’t give enough cushion. I went through the pad, hit the ground, and significantly damaged the muscles in my lower lumbar. I couldn’t afford to go to the doctor at the time. The insurance company didn’t contact me for two months, they don’t seem to listen to me,.
QUESTION: I have a 12 year old son who was killed in Nov 2012. His father and I were divorced with legal custody 50/50. He filed an unlawful death suit with the insurance company. He wanted to settle without my knowledge. They in turn contacted me and said that they cannot do anything without me. The insurance company has now settled with him separately because I denied having to pay for his personal attorney’s fees. No one contacted me regarding this as the same was only brought to my attention.
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.
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.
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.
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.
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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