Skip to main content
Andrew Daniel Myers

Andrew Myers’s Answers

12,994 total


  • Is it a lawsuit if someone fall in Food Lion due to something was spilled in the floor and taken to the hospital by ambulance

    The person hurt her back, knees, and buttocks. The hospital doctor gave her knees braces and crutches to help keep her knees straight. An incident report was filed by the manager. at Food Lion.

    Andrew’s Answer

    Slip and fall cases or trip and fall cases require analysis of many more facts than those you have posted here. Property owners can in fact be held liable if the conduct that caused the fall rise to the level of negligence. Was there a defective condition that they either knew about or should have known about and failed to act? This is one of many questions that arise in determining if the premises owner was negligent.. When something is spilled on the floor, then the question is whether they had enough notice that they should have done something about it. Based on the facts here, no one can say yes or no there is a case. Here is more on the analysis: http://www.attorney-myers.com/2012/03/slip-and-fall-liability/ I recommend that you obtain a consultation with an experienced personal injury attorney in your jurisdiction. Good luck with it.

    See question 
  • Should I sue for defamation of character?

    A so called friend went to my fathers house told me I had a key to her (I don't) and said I went in a took a Budweiser belt buckle. This is a false statement. I contacted the police and no reports were made. She won't answer for them either. They ...

    Andrew’s Answer

    Libel and slander are two of the most frequently talked about causes of action but least often actually successful cases. Defamation is language that injures the good name or reputation of another person.

    If the statements complained about are designed to be read, its libel. Slander involves the spoken word. Unless it’s on TV or radio, then it goes back to the libel category.

    Defamatory language must tend to lower the victim in the esteem of any substantial and respectable group, even though it can be a small minority. The person complaining cannot rely on an artificial, unreasonable or tortured interpretation of what was said. It can’t be something only "supersensitive persons" would consider slanderous.

    Quite seriously, I would let it go and get better "friends."

    See question 
  • Can i get a radio station for slander???

    I need a lawyer to hire for a radio station on which is slandering me and running my reputation

    Andrew’s Answer

    Defamation is language that injures the good name or reputation of another person.

    If the statements complained about are designed to be read, its libel. Slander involves the spoken word. Unless it’s on TV or radio, then it goes back to the libel category.

    Defamatory language must tend to lower the victim in the esteem of any substantial and respectable group, even though it can be a small minority. The person complaining cannot rely on an artificial, unreasonable or tortured interpretation of what was said. It can’t be something only "supersensitive persons" would consider slanderous.

    These are a couple of the most mentioned causes of action but least often actually successful. Use AVVOs Find a Lawyer tool above on this page. Good luck

    See question 
  • Can I sue or seek reimbursement for getting bed bugs from a hotel?

    Corporate office is giving me the run around that no bed bugs were reported in or around the room in which I stayed. Bed bugs travel on persons. And, there were at least 2-3 reports of bed bugs. I asked about being reimbursed for bed bug treatm...

    Andrew’s Answer

    You need your hotel receipt and the medical record and bill for subsequent treatment. If the treatment largely took care of your damages the question for you to think about is whether, if you have health insurance, you want to take it any further. The reason that I had suggested that you need the documentation including the hotel receipt and any and all records and bills from treatment is that if you submit them to corporate headquarter of the hotel they might consider some sort of reimbursement and putting an end to the runaround. Otherwise, here is my answer to the time honored question you ask of "Can I Sue": http://www.attorney-myers.com/2012/05/personal-injury-can-i-sue/ I wish you the best and hope you will be well.

    See question 
  • Do I need a attorney?

    I received a subpoena. I was involved in a car accident, I was at fault my car was a totaled lost and her car was a little bump. I'm panicking and I'm not sure what to do. I'm a recent graduate and I can't afford a lawyer. I don't know what I'm be...

    Andrew’s Answer

    The good news is that your insurance company has a duty to defend you against any civil case against you claiming negligence in causing a motor vehicle accident. Send the papers to your insurance company right away. Your local insurance agent can help you determine the contact person within the insurance company. If this is the prosecutor seeking your testimony against the other driver, they should have someone to help you figure out how to, truthfully, testify on behalf of the state. In any event I would encourage you to make these contacts and to NOT stress out about it. Here is more information on what your insurance company needs to be doing for you: http://www.attorney-myers.com/2013/06/auto-insurance-understanding-some-basics/ Check the third section on "Legal Defense". Good luck with it.

    See question 
  • If I had a suspended license during an accident where other party was at fault and other party passed away. Who is at fault?

    Assuming I was driving through intersection and other party ran through a red light and collided with my vehicle...the driver(elder driver) of the other vehicle passed away due to a heart attack during surgery a couple of days later. Assuming the ...

    Andrew’s Answer

    The fault analysis is based on the facts and circumstances surrounding the collision. In other words, who did what, when and how to cause the accident. There are many factors that go into the fault analysis, but someone's death after the accident is not one of them. Neither is the status of one's license relevant to determination of fault. Let your insurance company handle this.

    See question 
  • Ticket for Cellphone use while driving should I fight it?

    1. I put both my earphones on. Dialed into the call and then started my car It was parked in the parking lot. 2. Drove out on the street and I had forgotten to mute my mic. Which is when I touched my phone to mute it I did not text, or dial or...

    Andrew’s Answer

    Cellphone regulations and hands free laws are being enforced more and more now. Here's the thing, it is not a defense to state that traffic was light. Otherwise speeders would defeat their tickets if no one else was on the road. That you only touched the phone to mute it indicates that you did touch the phone which may well be a violation. It is always worth fighting a ticket with which you disagree, because if you do not then you automatically lose. My suggestion is to retain a traffic citation attorney in your jurisdiction and then you increase the likelihood of success.

    See question 
  • Under what conditions can a lawyer try to be the first person to extend, modify or reverse a particular existing law?

    Is unconstitutionality the only possible opening to reverse a statute that was passed by the legislature? For a statute that was last amended ten years ago, with no case law overturning it so far, could my opponent's lawyer possibly have any non-f...

    Andrew’s Answer

    More facts are needed here. What type of law specifically both as to the subject matter and whether we're talking about a statute, ordinance, regulation, case law or other. Attorneys may make good faith challenges to existing laws but there must be a reasonable basis for same. We can't just say we don't like a law or the law hurts our client. Legislators, who often are also attorneys, are the ones who generally propose, enact and amend laws. Repost this again with more information and you may get better answers from the good AVVO attorneys.

    See question 
  • Filed a Chptr 7 pro se and the trustee is requesting that I provide proof of value of my home. What is acceptable to prove value

    I filed a Chapter 7 in Philly and the trustee is requesting documentation to show how I arrived at the home value. What is generally accepted in Philly as proof - tax assessment, Zillow, brokers opinion?? Please let me know what is acceptable as ...

    Andrew’s Answer

    For the most part bankruptcy courts do not like Zillow, and generally tax assessments are fairly inaccurate. The best idea is an actual appraisal. However, preferences for information like this vary from jurisdiction to jurisdiction and even from Trustee to Trustee, so the best way to know for sure is to consult with an experienced bankruptcy attorney in your area. I wish you the best.

    See question 
  • Do I have to give information?

    My wife and I are on a auto policy together. She recently was in a solo accident (her fault) I was not in the vehicle, but our insurance wants my phone records. We did contact each other post accident but I'm not seeing how our phone records are ...

    Andrew’s Answer

    Under the terms of nearly all if not all auto insurance policies, you have a duty to cooperate with your own insurance company. For failure to do so, the policy usually allows them to disclaim coverage. If there is some issue beyond that which is included in your post I highly recommend that you consult with an attorney in your jurisdiction.

    See question