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Food Poisoning: Liabilities

By | July 25th, 2018

Many of us enjoy eating out at our favorite restaurants and trying out new dishes and cuisines. However, an enjoyable activity such as eating out can be spoiled by falling victim to food poisoning, which is accidentally eating food containing bacteria or viruses. The Centers for Disease Control and Prevention estimates 48 million people get sick, 128,000 people get hospitalized, and 3,000 die from food-borne diseases in the United States each year. Bacteria and viruses in food are the main causes of food poisoning. E.coli, salmonella, and listeria.

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Charged for Possession of a Fake ID?

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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Adulterated Food-Induced Injury: What Claim to Take?

By | September 5th, 2013

QUESTION: My boyfriend just bought a sub from the deli at El Ray Grocery store. I took a bite out of it and something split my lip open. It bled for almost 5 minutes! Can I sue them for this? When I called them, they said “Yeah, something could’ve fallen into the bread. Come in for an incident report and bring the sub for a refund.” Can I sue El Ray Gorcery? ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if.

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Malicious Charges that Led to False Arrest and Imprisonment

By | August 11th, 2013

QUESTION: I am looking to bring a civil action lawsuit against 2 people who filed three charges against me, leading to my false arrest and imprisonment. The charges were recently dismissed in my favor. I have evidence that the woman said that she filed false charges against me, and gave conflicting reports to the police and the prosecutor. In addition to that, her husband who was also a plaintiff didn’t show up at all during trial or hearing. What is the statute of limitations for filing a malicious prosecution lawsuit?.

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Legal Malpractice and the Lawyer’s Liability

By | July 24th, 2013

QUESTION: In 2010 I went to arbitration and was awarded $250k. The carrier rejected the claim. Now after a mistake and a vicious divorce, the attorney still represents myself and my ex-wife. Conflict of interest. In 2010 I made an agreement with the attorney and he paid the expenses for $19,9000. Now after the mistake and 4 lawyers later, because they left the firm, I asked and was told that my ex could only find out if my mail was not secure. I agreed to a settlement and the check.

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Settling Insurance Claim in a Slip and Fall Case

By | July 16th, 2013

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.

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Determining Who is Liable in a Country Road Accident

By | July 1st, 2013

QUESTION: If I rode a dirt bike on a country road and got hit head-on by a truck, am I at fault? The road had no dividing lines and the truck was travelling very far to the left, preventing safe passage. The rider of the bike was seriously injured. The accident report stated that the rider slid into the truck, but that is completely false, because the truck hit the dirt bike and the rider in an upright position. ANSWER: You may be proven not at fault provided you were.

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Do I Have a Claim on Injuries that Were Later Developed?

By | March 28th, 2013

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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Case Against McDonald’s for Injuries from Adulterated Food

By | March 8th, 2013

QUESTION: What can I do if I bit on a bone inside a McNuggets from McDonald’s? It was huge and looked like a half of a chicken wing bone. ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food (e.g., bits of glass or wire). However, a substance that is natural to the preparation of a food item (e.g. chicken bone) is by its very nature reasonably expected and, as a matter of law,.

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