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Andrew Daniel Myers

Andrew Myers’s Answers

12,916 total


  • Slip & Fall

    Scenerio: I fell in a Wendy's Restaurant after the floor was mopped; there was a caution sign displayed and there was no need for a doctor visit (just sore for a couple days).They (Wendy's rep) has contacted me to offer a small gift card, what are...

    Andrew’s Answer

    No documented injury? No damages, no case. Let me explain. There are four legal elements, all of which must exist, in order to have a claim for negligence. (1) Duty. The property owner generally has a legal duty to provide a reasonably safe premises. (2) Breach of duty. They must have affirmatively done something to breach that duty, or, in the alternative, failed to do something they should have done to keep the premises reasonably safe. (3) Causation. Due to that breach, then, you must have directly been caused damages. (4) Damages. You must have damages. In my book that means a medical report documenting that you sustained an injury caused by the accident. Here's a better summary of what that means in a slip and fall case: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ Having read that brief article, no you understand why attorneys are suggesting that you take the coupons and run. I hope this gives you some perspective. Cheers!

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  • Im just following up with a case that's actually currently in progress because I don't want to get my hopes to high

    I have retained a lawyer for this case however he is incredibly busy and I don't want to bother him with simple questions of opinion especially since he is my lawyer he has to be careful about saying things. I have a case against a multi billion d...

    Andrew’s Answer

    It is shocking to read the allegations you have raised. It is even more shocking that you have not felt comfortable discussing the concerns that you have mentioned here with the attorney that you have retained and instead have resorted to posting on the computer. I have one of the strongest stomachs in America. I have seen things I could not write down here, yet I have always kept my lunch. You may at the very least have a workers compensation claim and you may have more. Here is what workers compensation is all about at its basic form: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ In any event I urge you to get off the computer now and to consult with your own attorney or to find an experienced personal injury attorney in your jurisdiction with whom you feel comfortable speaking at your earliest possible moment. I wish you the best.

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  • An old woman hit me with her car while I was riding the bike

    So today I was riding my bike in sunnyside, san francisco and all of a sudden a car hit me from the left side and I fell on the road with traffic behind me with my bike and bag which had my laptop, I was lucky that cars behind me had enough time t...

    Andrew’s Answer

    Liability can't be determined from the summary that all of a sudden a car hit you on the left. The liability analysis is likewise not advanced by the statement that the driver was old, a woman or "Asian". So, my earnest recommendation is that you make no further statements regarding this incident to anyone and that you consult with an experienced personal injury attorney ASAP to focus on the relevant facts leading up to the collision. I'm sorry to hear that you were hurt, you should seek medical attention. I know that some of this may be too late, but here is my best advice for what to do after an accident: http://www.attorney-myers.com/2013/06/after-an-accident/ I wish you the best and I hope this perspective helps you.

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  • Glass pieces in store bought pizza!

    After taking a bite of a pizza I had delivered to me from my favorite pizza delivery company, I bit down on something I thought at first to be a piece of bone or pebble. After inspection I found it to be a small chunk of glass. Not injured that I ...

    Andrew’s Answer

    • Selected as best answer

    Foreign objects in food present some unusual and counterintuitive legal challenges. For example, if you were not injured, there is no negligence claim. I'm glad you were not injured. But negligence requires causally related damages, which, fortunately you do not have. That leaves a contract claim for breach of the contract to provide a wholesome food item. The problem with that is that contract damages are your money back. That's why they offered you your money back. Many companies will sometimes offer coupons. So, that leaves your claim for "stress" or emotional distress, which is addressed here: http://www.attorney-myers.com/2012/04/personal-injury-emotional-distress/ I hope this perspective helps and I wish you the best.

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  • Hi can I sue the pharmacy for giving me an antibiotic with penicillin when it's in my file they I'm allergic severly

    I took the 1st antibiotic this morning within couple hours sent me to the emergency room today, I literally passed out and fainted when I got to the er. The er had to give me 4 different shots and wrote me a steroid for a week

    Andrew’s Answer

    Pharmacy negligence takes place when the licensed professionals who work there dispense the wrong item to the customer, contrary to instructions from the physician. Unfortunately this type of negligence occurs more often than we all would like to think. Pharmacists have a duty of due care to properly dispense the correct prescription, and where this duty is breached, and where this breach causes harm, then they can in fact be held liable. For more information on this area of the law, click here: http://www.attorney-myers.com/2012/04/personal-injury-prescription-error/ I highly recommend that you retain an experienced personal injury attorney in your jurisdiction to do this claim for you, in that pursuit of such claims can involve some details that may not be so obvious.

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  • Backed into a car

    I was ccoming out of my parking spot when I hit a car that pulled directly behind me. She was trying to beat the time clock so instead of parking or pulling in to door she veered to the left against traffic to stop close to where I was getting my ...

    Andrew’s Answer

    The lack of insurance is not likely to have been a real factor in determination of fault. The liability analysis and then the determination of coverage are two different things. The problem here is that claims adjusters and others who need to determine liability obviously were not there at the scene when the collision took place. So, all they can do is rely upon various standards for determination of fault. One of those standards holds that the car that is backing always has a very high duty of care in nearly every circumstance. Here's what I mean by that: http://www.attorney-myers.com/2012/11/backing-into-illegally-parked-car/ Your options are to appeal whatever decision "they" made and to have someone assist you with that effort, perhaps with a fresh view of the facts. Finally, and I realize you don't want to hear this, but it's true, take all the money you saved by not having insurance and fix the car.

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  • I posted to a comment board about a court case related to the article. All 3 comments were deleted. Is that legal?

    All the comments were respectful, appropriate, although mine made specific allegations about the plaintiff.

    Andrew’s Answer

    If you're wondering whether the situation you're asking about violates the First Amendment, the answer is no. The First Amendment says "Congress shall make no law ... abridging the freedom of speech ...". Over the years courts have interpreted that to mean that the First Amendment applies to any and every level of government where they attempt to restrain free speech. This is referred to as 'state action'. So, the government may not abridge free speech rights. But the First Amendment does not apply to private entities that attempt to restrain speech, such as, I assume, the company that hosts the comment board to which you refer. The internet era brings new challenges to First Amendment law, but long-established law still applies. For an article on another situation involving "state action" here's information on Yelp and First Amendment issues, see the final section of this article: http://www.attorney-myers.com/2014/12/yelp-bill/ Does the government "restrain speech"? Yes, but it would require a 500 page book to explain the rationale for FCC regulation of TV and radio, zoning board regulation of the size and placement of commercial signs and other areas where government does put its fingers into regulation of speech. Cheers.

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  • My daughter was given the wrong medication which she ended up in the hospital.

    she was supposed to be given something for depression and was given something else. She started having chest discomfort and started having symptoms of a stroke. she went to an urgent emergency care clinic, they gave her meds to conteract the medic...

    Andrew’s Answer

    Pharmacy negligence is very unfortunately a phenomenon on the increase. Where an error is made in filling a prescription and that negligent dispensing of the prescribed medication causes harm, the pharmacy can be held liable. Save the receipt, the wrong item, the wrong medication and all of the other evidence and retain an experienced personal injury attorney in your jurisdiction who has handled such claims. Do not give these items to the store. For more information on pharmacy negligence click here: http://www.attorney-myers.com/2012/04/personal-injury-prescription-error/ Many times I have had people come to my office after they tried to pursue claims on their own and they submitted the item in question to the corporation that owns a store, not just in pharmacy error cases but all types of cases where a purchased product caused damages, and as time passed, the company "lost" the item. Therefore, there was no evidence. Be smart.

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  • Can a State be sued over a car accident?

    I was involved in a car crash in NH as a direct result of unplowed roads in 2011. I sustained a mid-grade concussion which aggrevated my depressive disorder.

    Andrew’s Answer

    You "can" always sue anyone but the real question is whether you have a case grounded in fact and law enough to make it worth your while. Suing any governmental entity any time any where raises procedural and substantive challenges in that the government makes the rules as to whether you can sue them at all. Do you think they are going to make it easy? Here is information that you need to evaluate specifically regarding the law in New Hampshire regarding suing a municipality or the state over alleged failure to properly plow snow: http://www.attorney-myers.com/2015/02/sue-city-snow/ I wish you the best and hope that this information addresses your concerns.

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