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Marc Lawrence Breakstone

Marc Breakstone’s Answers

24 total

  • My 3ydaughter was chopped and minced by a zipper on a disney hana montana "cute dazzeling and dangerous" zip up hooded sweatshir

    is there any advice if i should sue all the parties involved the manufac, disney/hanah montana design staff/ and kohls for accepting the dangerous merchandise, probably would of not passed inspection somehow slipped thru the system my baby is a vi...

    Marc’s Answer

    You should get in to see a competent lawyer who regularly handles product liability claims as soon as possilbe so that the lawyer can advise you whether or not you have a viable case. It would be irresponsible for a lawyer to recommend the filing of a claim against any party without evaluating exactly how your daughter's injury occurred and whethe the product may have caused the injury. The next question would be to determine whether there was an unusually dangerous aspect of the sweatshirt. You really need to see a lawyer in order to get these assessments. Good luck.

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  • Slip and fall , whats my case worth?

    I broke my tib and fib ( which went through the skin...ouch) falling down my landlords stairs which the railing came loose during the fall. i have over 100,000 dollars in medical bills...I have had 3 surguries and will be in a cast for 6 months.. ...

    Marc’s Answer

    I agree with the general impressions of the two lawyers who have already answered your question. Any experienced attorney will, or should tell you that the value of your case cannot be known until there has been a thorough investigation of the cause of your injury and until you have reached a medical end result. The value of a claim is always dependent on a number of variables which may take considerable time to sort out. In your case, the most important factor is the issue of your residual impairment and how this injury will affect the rest of your life. Based on your description, the case has significant potential value. I agree with the others who have counseled you to obtain a competent, experienced attorney as soon as possible. I would invite you to read the reviews of several former clients who have posted on my AVVO website and would welcome the opportunity to speak with you about your claim. I have handled a number of very significant cases like yours. Good luck.

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  • I found a website about the drug "Advair" and that the drug could induce death. What type of lawyer do I need to inquire?

    My husband was put on Advair and Serevent Inalers for many years. He had pneumonia a lot and difficulty breathing despite the drugs. He passed away unexpectedly. He did not have asthma which I believe the drugs were for. He did have COPD. At t...

    Marc’s Answer

    You should seek an attorney who specializes in drug liability cases. Thornton and Naumes is a Boston law firm which does fine work in this area. Their phone number is 617-723-7676. You may want to ask for David Strauss, who is one of their lawyers who handles this type of case. You should inquire whether they have handled other cases involving Adair or Severent.

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  • My son is being defamed by a student claiming to have had sex/w him/an is distrib. a porn video on cphone claiming to be my son.

    The police are involved, what are our rights? It is not my son, but it looks like him. The school has said this other kid is emotionally unstable. My son is not gay, but this kid is obcessed , my son has ignored him but he is having difficulty ...

    Marc’s Answer

    I would think that if the other student is a minor, a certified letter to his parents which alleges defamation of character, and which states that you intend to file a lawsuit which seeks monetary damages for the harm to your son's reputation might get you the desired result. As a practical matter, you would probably have to pay an attorney a large retainer to become involved in the matter. If you can afford a lawyer and you really want the other student to cease and dessist, perhaps that would be the best route. If you are certain that the video does not show your son, then you should consider notifying the school and law enforcement authorities as well.

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  • How 'far' can an EMT go re: staying with their precious stretcher?

    I am physically disabled , in Massachusetts, and need to use an ambulance to get to Dr.'s appointments. Yesteday, for the first time ever, I was rolled into my Dr.'s office and the EMT told the Dr. that they were refusing to transfer me to the ex...

    Marc’s Answer

    The physician is responsible for preserving the privacy and confidentiality of your visit. He/she should have requested the EMT leave the room during the examination. It sounds like the EMT was concerned about his own potential liability more than your privacy. The physician should have helped you resolve this disagreement.

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  • Sueing to recover legal fees, pain and suffering, work lost.

    My husband and I own our unit in a 4 unit condo building in East Boston MA. Our neighbors (who rent from his parent that live in CA) started harassing us when they found out i was pregnant (previously they voiced that "they didn't want to have scr...

    Marc’s Answer

    As a practical matter, no you cannot sue for your legal fees or lost wages.

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  • Car Accident

    My girlfriend was in an accident in Mass almost 3 years ago and now one of the people who were involved is suing her. This is a no fault state but the police considered her to be the cause of the accident. The accident involved 4 cars total, bas...

    Marc’s Answer

    If the injured person files a lawsuit against your girl friend, her insurance company will hire a lawyer to defend her in the suit. That lawyer will advise her whether and when to return to Massachusetts for the case. If there is no lawsuit, and the claim is being handled by the insurance company alone, they will advise her as what she has to do and the process that will occur. It sounds like a minor injury case which should be able to be settled by the insurance company without alot of fuss.

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  • Defective product

    I recently bought a cell phone from an individual which turned out to have a password restricting the phone from functioning properly. I contacted the seller and told him the issue. After trying to get it fixed from him and the phone carrier the...

    Marc’s Answer

    You do not have a legal claim. It sounds like the seller is not a reputable retailer seller of cell phones. You may want to call the Attorney General's Office in your home state to report this individual. You may also want to contact the cell phone manufacturer to inquire as to whether you may have a claim under the phone's warranty.

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  • Personal injury of a house guest

    A guest at a home i rented this summer tripped and injured herself. She has medical bills and lost wages. As the home renter, am i liable for her injury claims - or is it the homeowners liability?

    Marc’s Answer

    If the home is owned by you, and the guest was injured as a result of a dangerous condition on the premises, you are potentially liable for the person's injuries. If you have homeowner's insurance on the property, you should give notice to the insurance company.

    In order for the person to recover, they would have to prove that there was a dangerous or defective condition on the premises which caused their injury. Just because someone trips on the property does not give rise to a liability claim.

    You should call your insurance agent and find out if your policy has "medical payments" coverage. If it does, your guest's medical costs up to whatever limits you purchased, would be paid without regard to any questions of fault.

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  • Dental malpractice

    My previous dentist refused to offer metal fillings, citing the potential for mercury ingestion. However, he failed to inform me about the side effects -- which I'm now experiencing -- of white fillings. As a result, I've had to have root canals...

    Marc’s Answer

    I think you need to speak to an experienced attorney regarding whether or not you should pursue a claim with a lawyer or try to work something out directly with the dentist. I will tell you that in my over 20 years of experience reviewing cases like yours, I generally do not pursue cases of failed crowns or complications from fillings. Because the investment of time and money by an attorney in a case like this would be relatively large (in the tens of thousands of dollars), unless your damages were substantial (in the hundreds of thousands of dollars), it would not be worth an attorney's time and effort to become involved. It sounds like you need corrective work on your teeth. I would think that your priority would be to get in the hands of a competent dentist, get an assessment as to the work that you need, then go back to the first dentist and ask for your money back.

    Good luck with your care.

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