Tuesday, December 18, 2012

Montana Teacher Refuses Bathroom Break For Student

Question: Can I sue a teacher for not letting me go to the bathroom and threatening to fail me if I left the classroom?
Question Detail: Today in my high school, my English teacher failed me because I left the classroom to go use the bathroom. I asked her kindly and she said no and I really needed to use the bathroom and I couldn't hold it and I didn't want to hold in urine because it can lead to infection and other thing.



No.

Thursday, December 13, 2012

Can I Sue My Jeweler For Rescinding My Line Of Credit?

Question: Is there any legal action that I can pursue if my account was closed without me knowing? I had a line of credit through a jewelry retailer for about five years now. The last time I used the line of credit was maybe three years ago. On November 19, 2012, I requested an increase in anticipation of a purchase valued at $9,000.00. The increase in credit was approved and new credits cards were issued. I went to the retailer today to make my large purchase only to find out on December 9, 2012, my account was closed without my knowledge, permission, or even given me any notification. I was informed my account was closed due to having no recent transactions. More so the line of credit could not be reopened and I would need to complete a brand new application en-order to re-establish a new line of credit. I was given no clear reason why I wasn't notified that my line of credit was closed. In addition, literally last month my increased was approved and three weeks later my account was closed. I feel the company did not properly disclose there credit practices to me and closing my account without any notification is just unacceptable.

Answer:  You probably can but why bother?  The action saved you from having to buy the lady some more wasteful bling.  Check out your credit score and see if it has changed.  That may explain the action of the jeweler. 

Can I Sue The Fertility Center For Losing My Embryos?

Question: What type of an attorney do I need to talk with for lost in transit embryos?  I had my embryos shipped from a different state. They arrived and everything was logged that they were received and all was well (Sept 2012). Day of the transfer (Nov 30, 2012) , I go in and am told they couldn't find one. I've spoken w/the doctor and staff at the fertility clinic and they are all concerned about this situation. Everyone has apologized for all of the mix up and explained that this has never happened before, but this still doesn't explain or resolve the fact that I have lost an embryo, they misplaced my child.



Answer:  Call the local catholic diocese and ask the administrative office what law firms they use.  Contact them and see if they will pursue a claim for you.  Good luck.

Beaten Prisoner Waits Too Long To Prove Claim Against Jailers


Question: How can I file a lawsuit against county jail?



    In 1995, I was beaten by four jailers in the state of Arkansas while I was handcuffed to a chair in the chapel room. I was hit, choked out and stomped on. I filed 1983 forms and went in front a magistrate judge who laughed at my case and me. She threw the case out. The jailers beat me again and locked me in segregation where I sat until I was sentenced at age 15 and given two 10-year sentences with 8 suspended and a 10 with six suspended. I have had many back problems, stomach problems, suffer mental probably now, and can't even get help anywhere.





Can An Innocent Bystander Sue The Bar For Injuries?

Question: Can I sue the bar for a torn ACL caused by two patrons fighting and running into me after they had fought twice already?  I was at a nightclub for my friend's birthday. We had reserved a special room for $500 which included a bouncer at the door. This guy who is an acquaintance of my friend came in and got into 2 scuffles with another man in our room. The bouncers had removed this guy twice and the third time it got real physical. A punch was thrown, one man picked the other up and ran with him. They ended up running into me tearing my right ACL and partially tore my right MCL. I had reconstructive knee surgery and spent over $5k out of pocket for medical bills. My current lawyer said we can't sue the club, we can't sue the one guys home owners and the other guys home owners won't pay because the other guy inst paying. I can't believe as an innocent bystander I can't sue the bar when this violent behavior was known by the security team, who I guess I also can't sue. I suffered a serious injury which will be with me the rest of my life and the only one who is paying, is me. Can anyone help me please!



Answer:  Yes.  This sounds like negligent security.  Your damages are probably the reason your lawyer has gone cold on the case.  If you were a vegetable, he might be more active.  Personal injuries are usually beyond the jurisdiction of most small claims courts but you can easily go to the next level, called Justice Court in Montana.  The clerks in JC are usually the same people that run the small claims.  Ask for the forms, fill them out and bring a few witnesses.  Sue the bar and make sure you find out from the state who owns the liquor license.  You might be able to make a complaint to the license board about this dangerous rowdy house.  Call different attorneys first, but you don't have to quit.

Wednesday, December 12, 2012

Montana Convict Wants To Sue For A Broken Face-Can He Win?

Question: What attorney can help me if I was injured while in prison?   I was hit with a lock in a sock I don't know if I was sleeping or passed out I suffered facial breaks my eye and nose are messed up and I have nightmares there was no staff present. When this occurred and I am most likely going to require corrective surgery has to fix the problems and I need to see a therapist for the nightmares so I can sleep at night. What can be done to help me file a suit?

Answer:  Unless you can prove a guard did it, your lawsuit will go nowhere.  If your cellmate did it, he was sending a message of some kind.  The nightmares get easier.  Get your peeps around you, do your time, stay tight.

Can I Sue Burger King For Dated Orange Juice?

Question: What options do I have when sold outdated item at Burger King?  My husband and I went to Burger King on Dec 7th and received 4 outdated cartons of orange juice, 3 were drunk on the 7th and 1 was half was drunk on the 8th. It tasted funny, and to me and I noticed that the date was past due. We have made a complaint, and they are just trying to give us coupons or replace the juices. What are our options?

Answer:  Take the coupons but never eat there again.  You know they have unsafe food practices.  What else do you think you should receive?  You weren't even sickened enough to vomit and claim a lost night's sleep.  Don't forget the diarrhea.  That's up to a couple of happy meal coupons at least.  When you eat at the King, caveat emptor rules.

Debtor Wants To Sue Reposession Company For Lost Sun Glasses

Question: What actions can I take for missing items from a repossession?



My car was repossessed and I was able to reinstate the lease and get my car back. When I went to pick up my personal belongs a lot of my stuff were missing! One item in particular was sunglasses (of sentimental value). They listed the item in the inventory sheet but were not there when I picked up my personal belongings. I filed a report before I left the lot. They will not do anything about it. More than 15 items are missing as well. The repossession people did not make an accurate detailed list of inventory. I understand that items such as water and food would be thrown out but items such as cleaning cloths for my car, a new box of tea, unopened expensive soaps, and other items are missing.



Answer:  You can sue in small claims court and see if that gets them to move.  Proving all your losses will be the most difficult thing.  Your testimony may not convince the judge to award much.  

Tuesday, December 11, 2012

Can I Sue My Neighbor For His Flying Trampoline?


Question: Can I file a settlement for damage for an "act of nature" event? : During a windstorm, the neighbour's trampoline blew into my home damaging the gutters and porch. His insurance claims he is not liable. The neighbour had the trampoline secured but not properly enough to avoid this. Though the trampoline may have been anchored, I believe it still incumbent upon the owner to be certain that this "act of nature" could not have caused this damage. In addition, I know just because an insurance company denies settlement does not exonerate the neighbour of liability. I am considering filing this in small claims. Do you feel the neighbour is neglectful and that I should be awarded the settlement for damages to my home?

Answer:  Sue your neighbor in small claims court but I suggest you tell your neighbor a lawyer advised you that was the only way to get your neighbors insurance company to act.   Your neighbor is going to think his rates will go up but even if that were true, he should go to an insurance  BROKER who sells for many companies and he will probably thank you for saving him premium.  Also might go the other way.  Hillbilly style feud.  Is it worth a feud?  

Friday, December 7, 2012

Can A cheapskate sue the storeclerk that outed him?

Question: Can I file a suit against a store that reveals people's shopping experience with a person who walks off the streets?  I shopped at a local retailer, on my own personal time and money. I had a dispute about the price of an item six months ago. This was a private matter. It was resolved six months ago and I don't understand why this person would tell my boss about my personal shopping experience. This cross barriers due to privacy issues and I think the company should be sued for allowing their employees to release personal shopping experiences with individuals whom just walk in off of the streets. I was embarrassed. I felt violated by confidentiality laws, humiliated. I need to file a gag order against the clerk, ethics laws were violated, consumer protection of personal information just the whole nine yards. This was wrong on so many levels etc. I am upset, very upset and I want to teach this company a lesson on consumer privacy and ethics.



ANSWER:  Without knowing what the "private matter" was, I can't be definite.  Assuming you could talk about it in a courtroom, it wouldn't matter.  You did not have a reasonable expectation of privacy regarding your communications with a store or one of its clerks.  There is no legally recognized customer-clerk confidential relationship, like with a priest or lawyer.