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.
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.
QUESTION: I was inside a nightclub in the casino and they did not do a search to see if anyone was carrying a weapon. I was stabbed. I was wondering if I have a case. ANSWER: Businesses, such as shopping centers, restaurants and bars, have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control (e.g., parking lots), against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill, supra, 36 C4th at 235, 30 CR3d at.
QUESTION: A student falls on ice as a result of taking a shortcut across campus through a loading dock area that has not been cleared. The loading dock area is cleared after snows, but it is the last area to be cleared on campus because it is not a sidewalk passage. All sidewalks receive first priority. The fall happened within the first 24 hours after the snowfall. Is the school liable? ANSWER: There is a special relationship between a school district (or its employees) and students, so as to impose.
QUESTION: How is compensation determined in a premise liability claim? Is there a formula for determining compensation/settlement in a personal injury case, specifically a premises liability claim? How much can reasonably claimed for “pain and suffering” and/or emotional distress. ANSWER: Mass-producers of residential homes and lessors in the business of renting residential units are exposed to strict liability for defects in an integral part of the building structure (e.g., defective shower door, defective heating system. But the overall complex (the entire premises) wherein the housing is constructed is not itself.
QUESTION: Several months ago I fell in a department store, shattering my shoulder and re-injuring my left elbow. Both of these injuries required surgery, with a good possibility of more surgery necessary. Insurance covered a good portion, but I’m already on SSA help with what’s left. How likely are falls in stores settled? ANSWER: 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.
QUESTION: I traveled to the Dominican Republic and stayed in a motel room which had both an AC unit and a ceiling fan. Both were turned on when I checked in, and it was too cold. So I stood up to turn off only the AC. As I pressed the button and it did not work, I stood on the bed to try again. When I stood on the bed, I hit my head on the rusted metal ceiling fan which resulted to 3 stitches. I went to the hospital.
QUESTION: My friend’s mother tripped over a curb in Disneyland’s California Adventure. She suffered injuries on her forehead and wrist. It happened at night and the curb was painted the same color as the walkway, making it hard to see especially at night. Do we have a case? ANSWER: A personal injury case may be borne out of the incident causing the injury provided that the same falls under the exception to the general rule of the so-called “recreational use immunity”. Generally, landowners and others with a possessory or non-possessory.
QUESTION: Is the landlord liable if I get shocked by an exposed electrical wire after the landlord told me to jiggle wires to get the air conditioner working? He lives out of state. I am currently awaiting a heart transplant and have an implantable cardiac defibrillator (ICD) in me. The electrical shock disrupted my ICD unit and needed to be replaced 2 weeks later, which cost about $90,000. ANSWER: Your landlord may be held liable for damages if you can prove that he was negligent when he advised you to.
QUESTION: I fell on a broken pavement outside a grocery store 2 weeks ago. I did not file a report as I did not appear severely injured. However, after a while, the fall caused a spasm disorder to reappear and it was worse than before; I could hardly move my head. For the past two years I have been living a completely normal life despite having cervical dystonia, because it was in remission until the accident at the grocery store. Do I have a case? ANSWER: Even if the plaintiff.
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